Scotland—divorce and civil partnership dissolution
Produced in partnership with Sally Nash of Gilson Gray LLP
Scotland—divorce and civil partnership dissolution

The following Family guidance note Produced in partnership with Sally Nash of Gilson Gray LLP provides comprehensive and up to date legal information covering:

  • Scotland—divorce and civil partnership dissolution
  • Grounds for divorce
  • Dissolution of a civil partnership
  • Jurisdictional requirements for raising an action of divorce
  • Jurisdictional requirements for raising an action of dissolution
  • Procedure
  • Differences between Scotland and England and Wales
  • Pending changes and consultations

Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of hearings to be dealt with remotely, see here. For further details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which court has jurisdiction. For guidance, see Practice Notes: Brexit and family law and Brexit—implications for Scotland. This Practice Note sets out the current position on divorce and civil partnership dissolution in Scotland.

This Practice Note provides an introduction to divorce and civil partnership dissolution in Scotland. It explains the grounds for divorce or dissolution, ie irretrievable breakdown or the issue of an interim gender recognition certificate, and the facts to be established under the Divorce (Scotland) Act 1976