UK Scotland did not adopt no-fault divorce
The 2022 no-fault reforms applied to England and Wales only. In Scotland you must still establish that the marriage has broken down irretrievably, and there are set ways of doing that: one year's separation where both parties consent, two years' separation without consent, unreasonable behaviour, or adultery. A divorce can also proceed where an interim gender recognition certificate has been issued.
In practice the one-year-with-consent route is the most common, and it avoids the need to make allegations about anyone's conduct.
The simplified procedure
Scotland offers a simplified or 'do-it-yourself' divorce for straightforward cases. To use it you generally need to be relying on separation, have no children under 16, have no outstanding financial claims between you, and neither party can be seeking financial provision. It is considerably cheaper and faster.
If any of those conditions do not apply — and unresolved finances is the usual reason — you need the ordinary procedure and, realistically, a solicitor.
How Scotland divides money: the crucial difference
This is where Scots law departs most sharply from England and Wales. Financial provision is governed by the Family Law (Scotland) Act 1985, and the starting point is that the net value of matrimonial property is shared fairly, which usually means equally.
Matrimonial property means, broadly, property acquired by either party during the marriage, valued at the date of separation — known as the relevant date. Property owned before the marriage, or inherited or gifted from a third party during it, is generally excluded. The family home is treated specially and is usually matrimonial property even if bought before the marriage in contemplation of it.
The practical effect is that Scottish outcomes are more predictable than English ones. There is far less of the wide judicial discretion found under section 25 in England, and less scope to argue for a share of assets that fall outside the matrimonial pot. That cuts both ways: it makes advice more reliable, but it can also be a harsher answer if most of the wealth is pre-marital or inherited.
Aliment and spousal support
Ongoing support between spouses in Scotland is generally more limited and shorter-term than the long-running spousal maintenance sometimes ordered in England. A periodical allowance after divorce is available but is usually intended to help someone adjust over a defined period, commonly up to three years, rather than indefinitely.
Child maintenance is handled separately, in most cases through the Child Maintenance Service rather than the courts.
Regulation and finding a solicitor
Scottish solicitors are regulated by the Law Society of Scotland, not the Solicitors Regulation Authority, and you can check any firm's standing on the Law Society of Scotland register. A solicitor qualified in England and Wales is not qualified to advise you on Scots family law, so make sure the firm you approach actually practises in Scotland.
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If you are regulated by the SRA, the Law Society of Scotland, or the Law Society of Northern Ireland, you can review this page. We check your details on your regulator's public register, and if it is published your name, firm and register entry appear at the top of the guide.