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 practice 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

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 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 (D(S)A 1976) and the Civil Partnership Act 2004 (CPA 2004). It also considers procedure in both the sheriff court and the Court of Session, together with jurisdictional considerations, and highlights differences between Scotland and England and Wales. In Scotland, the party who raises an action is the pursuer, and the other party is the defender. See also Practice Note: Scotland—divorce and civil

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