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 behavior can be shown. Unreasonable behavior could be, for example, violent or abusive behavior 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.
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 endeavor to resolve matters for you by negotiation with minimum court involvement.
I have no hesitation whatsoever in recommending McSherry Halliday to any of my personal or business associates. All admin staff communicated with me with an exceptionally high standard of courtesy, professionalism and discretion, at what was a very difficult time in life for me. Whilst I understand that there is a robustly positive team culture at McSherry Halliday, I must single out my lawyer Miss Louisa Doole for individual praise. She sensitively guided me safely through the, otherwise minefield, of formal divorce proceedings.
Thank you so, so much for everything. Your help, support and advice these last few months has been amazing. Although at times things are still massively stressful, without your help, I don’t know where we would be.
Many thanks for your hard work and prompt service. I sincerely appreciate all the co-operation you and your team have given to me. It has been an experience I do not wish to go through again and never will, I hope. I will definitely recommend you to my friends and colleagues.
I cannot thank you enough for the services that you rendered on my behalf. Your prompt responses, support and professionalism are greatly appreciated. To say the least, this has been an extremely stressful process for me but you have an excellent empathetic manner which helped a lot. I would have no hesitation in recommending you.
You especially and everyone else I’ve dealt with at McSherry Halliday have been very professional and considerate throughout.
I can’t thank you enough, you’ve been such an amazing help through this. Even just listening to my rants. I’ll definitely be recommending McSherry Halliday to everyone I know.
Caroline became my sounding board and agony aunt as well as being my lawyer. Would not have had the outcome I did if it wasn’t for her!
Miss Caroline Nisbet was highly recommended by two of my good friends when I needed a good lawyer to represent my matrimonial case. Indeed, I was truly blessed to have her as my lawyer as she is not only very knowledgeable in her profession to give legal advice and guidance but she is also a woman with high integrity who has kind understanding with great compassion in her approach. She spoke with great respect, very honest and trustworthy who stuck to the facts that matter and have a legal basis. She worked extra hard and always acted promptly in giving response. She has a degree of tenderness but never losing sight of the end goal which is to protect, defend and have the best outcomes for her client. My great appreciation for her hard work in guiding me through until all matters had completely accomplished and everything is in place. I would wholeheartedly recommend Miss Caroline Nisbet, Partner – McSherry Halliday, to anyone seeking legal representation for the best and fairest outcomes.
A Divorce Client
As a father that was going through divorce and fighting to see my child, I felt like I was stuck in a battle with no end in sight to which I had almost lost all hope. I was then introduced to McSherry Halliday who’s staff I found to always be so welcoming. They placed me in the extremely good care of Miss Louisa Doole whom along with this company I can not recommend enough. I can honestly say I was truly blessed to have her as my lawyer as she is not only very professional with an impeccable knowledge in her field but also her advice and guidance made me feel so at ease. She was kind, understanding and always willing to help me with any enquiry I may have had. Miss Doole always took the extra time to make sure I understood everything going on, always acted promptly in giving a response and worked hard to gain the best outcome for her client. I cannot thank Miss Louisa Doole enough and am honoured and grateful to have had her on my side. Without hesitation I would highly recommend that anyone seeking legal representation from a company who listens and cares for their clients should contact McSherry Halliday.
If you have a query or wish for some advice please make an enquiry or contact one of our offices directly and a member of our team will be happy to assist.