It is possible to take charge of the process to ensure the best result for you and your family if you find yourself in a situation where getting a divorce is your only option because your partnership has failed, either now or in the future.
Contrary to popular belief, divorce can be handled in a variety of ways, each of which can be tailored to your particular circumstances. Below, we’ve listed a few of those possibilities.
Negotiation
When going for a divorce settlement, traditional negotiation is the most prevalent method of dispute resolution. This may entail emails between the attorneys involved as well as joint meetings between the parties and their individual attorneys. All of this is done in an effort to settle the disagreement and divorce process as quickly and feasible as possible. Instead of leaving this to a judge who is unfamiliar with either party or the children of the partnership, negotiation enables you to maintain some control over the separation process.
Mediation
Collaboration
Arbitration
Litigation
When can I use the simplified (“DIY”) divorce?
If you rely on 1-year with consent or 2-years’ separation, have no children under 16, no financial orders to seek, and no other ongoing proceedings; otherwise you’ll need the ordinary procedure. Forms and notes are on the Scottish Courts site.
Is mediation or collaborative law right for us?
They suit couples who can negotiate in good faith and want privacy and control. Mediation uses a neutral facilitator; collaborative law uses four-way meetings with trained solicitors and a “no-court” commitment while talks continue. Both can be faster and less adversarial than litigation.
How are money and property sorted on divorce in Scotland?
Under the 1985 Act, the aim is fair sharing of matrimonial property (assets accrued during the marriage), usually equal, with possible adjustments for economic advantage/disadvantage and children’s economic burdens. Non-matrimonial assets are generally outside the pot unless specific rules apply.
What about child maintenance?
Parents can agree a figure, but many start with the Child Maintenance calculator for a guideline amount based on gross income and shared-care nights.
Do I need to go to court if we agree everything?
Not always. You can record terms in a Minute of Agreement (a formal contract); once registered, it’s enforceable and can avoid a contested court action. You’ll still need a divorce order to end the marriage, but how you get there can be streamlined via the simplified or unopposed ordinary route. (Use the right procedure for your circumstances.)
How long does a Scottish divorce take?
Unopposed simplified cases can complete in weeks once the paperwork is accepted; ordinary cases vary with complexity, evidence and court timetables—many settle after key milestones (defences, disclosure, negotiations). Scottish Courts guidance explains the steps and forms.
