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Divorce law in Scotland

Jones Whyte Solicitors is based in Glasgow, so a case handled here will normally proceed under the law of Scotland. Scotland has its own divorce law, separate from the rest of the UK. A divorce is granted where the marriage has broken down irretrievably, which is established by one year's separation with both parties' consent, two years' separation without consent, unreasonable behaviour, or adultery. A simplified (“do-it-yourself”) procedure exists for some straightforward cases with no children under 16 and no financial claims.

Financial provision is governed by the Family Law (Scotland) Act 1985. Scots law generally shares the net value of matrimonial property — broadly, property acquired during the marriage — as at the date of separation. This is a narrower and more predictable approach than the wide judicial discretion used in England and Wales, and it is one reason advice from a Scottish solicitor is not interchangeable with English advice.

General information only, and the law changes — check the current position with a solicitor before acting on anything here. Read our fuller guide to divorce in Scotland.

Checking this firm is properly regulated

Anyone offering legal services in Scotland as a solicitor must be regulated. Before you instruct Jones Whyte Solicitors — or any firm on this directory — confirm their current standing directly with the Law Society of Scotland. That register is the authoritative source; a listing on this site is not a substitute for it and is not a recommendation.

It is also worth asking who would actually run your case day to day, since the person you first speak to is not always the person who will handle the work.