subject: Divorce in England and Wales compared with Scotland [print this page] Divorce in England and Wales compared with Scotland
Divorce Law differs depending on which part of Great Britain you are in. Family Law in England and Wales in the same, but in Scotland it works differently. This goes for both the laws themselves and the course that divorce proceedings take.
England and Wales
For a divorce to be granted in England and Wales a couple must have been married for more than one year and the marriage must have irretrievably' broken down with no chance of reconciliation. There are four main reasons that can be given for a divorce, with one of these needing to be given as the reason why the marriage has broken down. Adultery is the most obvious reasons, with the others being that one party has been behaving unreasonably, that the couple have been separated for two years or more if both parties agree to the divorce, or if they have been separated for over five years regardless of whether they agree or not.
A divorce can be either contested or uncontested, although contested divorces are rare. An uncontested divorce is where both parties agree to go ahead with the divorce. Even though many would not like their marriage to end they often realise that it is inevitable if that is what their spouse seeks and this results in the divorce being uncontested. One party must effectively apply for the divorce under one of the grounds mentioned above. In theory they may be required to prove the grounds for divorce, although in reality this is rarely necessary. It is more likely to be necessary in a contested divorce. Eventually, after a number of processes that have to be gone through, a judge will grant a divorce.
Scotland
In many ways Family Law Firm in Scotland is similar to that of England and Wales. Again there has to be a reason given as the grounds for divorce, and these are similar. Again adultery and unreasonable behaviour by one party are grounds for divorce. The others are living apart for one year in agreement with each other, or living apart for two years without agreement.
There are two main procedures of divorce in Scotland; a simplified procedure and an ordinary procedure.
A simplified procedure is often referred to as a DIY divorce'. This option is available when the situation is relatively straightforward. The couple must have no children together and they must agree on financial and property issues. A couple can simply fill out some forms and apply for a divorce and no family law solicitors are required, which saves on costs.
An ordinary divorce must be used by those who have dependent children. In these cases the divorce will be either defended or undefended, which in some ways works in a similar way to contested and uncontested divorces in England and Wales.
The way in which defended and undefended divorces differ from the England and Wales equivalent is that a defended divorce not only covers whether or not a divorce will be granted by also takes care of any disagreements regarding children, money, property, and any other issues. An undefended divorce is only possible if the two parties agree on these matters.
