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Divorce

In Scotland there is one ground for divorce of married couples, namely where the marriage has broken down irretrievably. This can be demonstrated by showing that the parties have not lived together as a married couple for more than two years, or one year if both parties consent to the divorce. Alternatively the marriage can be shown to have broken down irretrievably if there is adultery or if unreasonable behaviour can be shown. Unreasonable behaviour could be, for example, violent or abusive behaviour of either a physical or mental nature. It is fair to say that these latter grounds are used less frequently now that the periods for non-cohabitation have been reduced.

Divorce Lawyers Kilmarnock, Troon, Irvine

Prior to divorce it is advisable to consider resolving the financial aspects of the separation and to make arrangements in respect of any children of the marriage. Often that is negotiated in advance of a divorce. Where the parties are able to reach agreement on these matters, then a Separation Agreement can be entered into to deal with these points. Thereafter a divorce can proceed, these matters having already been attended to in the Separation Agreement. It may even be possible, in cases like this, to divorce using the simplified DIY procedure where the breakdown is shown by separation for more than 2 years (or 1 year if both have consented).

However sometimes agreement will not be possible and a divorce action would then have to take these matters into account. In cases like this, enforceable orders can be sought from the Court by either party to sort out the financial situation, and to make appropriate arrangements for the children of the family to ensure that their welfare is safeguarded.

All of these issues require careful consideration before divorce is contemplated and we would be happy to have a discussion with you about this and advise you on the best arrangements in your particular circumstances. Where possible we will endeavour to resolve matters for you by negotiation with minimum court involvement.

Contact Our Award Winning Family Lawyers Ayrshire 

With offices in Kilmarnock, Irvine and Troon, we can help business clients all over Ayrshire and across Scotland and currently serve clients in Ayr, Troon, Arran, Kilwinning, Saltcoats, Dalry, Ardrossan, Prestwick, Stewarton and Fenwick. Contact us today to arrange an appointment.

Email us: family@mcsherryhalliday.co.uk 

Contact us: Kilmarnock | Irvine | Troon

Call us: Kilmarnock: 01563 533121 | Irvine: 01294 274097 | Troon: 01292 313737

 

 

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Stacey McIntyre
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Kilmarnock

TEL: 01563 533121
FAX: 01563 522762
 
Bank Chambers
42 Bank Street
Kilmarnock
KA1 1HA
 
 

Kilmarnock

TEL: 01563 533121
FAX: 01563 570840
 
7 Bank Street
Kilmarnock
KA1 1HA

 
 

Irvine

TEL: 01294 274097
FAX: 01294 279692
 
Galt House
78 East Road
Irvine
KA12 0AA
 
 

Troon

TEL: 01292 313737
FAX: 01292 317856
 
8 Academy Street
Troon
Ayrshire
KA10 6HS