The Cost of Divorce in Scotland
A simplified divorce in Scotland costs £550 all in with us, and an undefended ordinary divorce costs £1,550 all in. Both figures include the solicitor’s fee, VAT, the court fee and the cost of intimating the papers. Which of the two applies to you turns on one question: whether there is a child of the marriage under sixteen.
Most pages about the cost of divorce in Scotland quote a court fee that changed on 1st April 2026. The figures below are the current ones, taken from the Sheriff Court Fees Order 2026 (SSI 2026/74), Schedule 1.
New to this and not sure which route applies to you? Start with how to get a divorce in Scotland, which sets out the whole decision path in order.
Court fees in Scotland from 1st April 2026
Every sheriff court fee, the increases already made for 1st April 2027, and the full list of who is exempt from paying, are set out on our page on court fees and fee exemption.
| Court fee | Amount |
|---|---|
| Lodging a simplified divorce or dissolution application | £156 |
| Lodging an initial writ for divorce (ordinary procedure) | £191 |
| Initial lodging of affidavits in an undefended family action | £82 |
| Service by sheriff officer | £15 plus the officer’s own fee |
| Subsequent simplified application on a change of circumstances | £40 |
Source: the Sheriff Court Fees Order 2026 (SSI 2026/74), Schedule 1, in force 1st April 2026. These are the fees payable to the sheriff court. They are not our fees.
An undefended ordinary divorce therefore attracts £273 in court fees, because the affidavits are lodged as well as the initial writ. A simplified divorce attracts a single fee of £156.
What we charge, and what is included
Simplified divorce — £550 all in
| Our fee | £328.33 |
| VAT at 20 per cent | £65.67 |
| Court fee | £156.00 |
| Total | £550.00 |
Undefended ordinary divorce — £1,550 all in
| Our fee | £967.90 |
| VAT at 20 per cent | £193.58 |
| Court fees (£191 initial writ plus £82 affidavits) | £273.00 |
| Sheriff officer service | £115.52 |
| Total | £1,550.00 |
These are genuine fixed fees for the divorce action itself, on the circumstances described. There is no separate charge for correspondence, telephone calls or the preparation of the affidavits. If your circumstances turn out to fall outside the fixed fee, we will tell you before any further work is done rather than send you a larger bill at the end.
Who may qualify for exemption from the court fee
The Scottish Courts and Tribunals Service operates a fee exemption. Exemption is not automatic and is only available where the statutory criteria are met, but where it does apply the court fee is not payable, which takes £156 off a simplified divorce and £273 off an ordinary one.
Exemption is available where you are in receipt of civil legal aid for the action, or advice and assistance for a simplified divorce or dissolution application, or where your solicitor is acting under the special urgency provisions. It is also available on certain benefits, which at present include income support, income-based jobseeker’s allowance, guarantee credit under pension credit, income-related employment and support allowance, universal credit, and assistance from the Scottish Welfare Fund received within the previous three months. Personal independence payment and adult disability payment qualify subject to a gross annual income limit, which is currently £26,437. That income limit applies to those two benefits only; it does not attach to the others listed above.
The qualifying conditions and any income limits are set out on the exemption form itself, and they change from time to time. The current form is the Scottish Courts and Tribunals Service application for exemption from payment of court fees, available from the Scottish Courts fee exemption forms page. There is no form C18 — that reference appears on a number of websites and is wrong.
If you think you may qualify, tell us before we lodge. We will complete the exemption application with you and the saving comes straight off your total.
Doing it yourself
If you would rather run the application yourself, our step-by-step guide to DIY divorce in Scotland sets out the SP forms, the order the steps must be taken in, and the mistakes that cause applications to be returned.
You are entitled to apply for a simplified divorce yourself. The forms are free to download from the Scottish Courts website — they are the SP series: SPA for a divorce after one year’s separation with your spouse’s consent, SPB after two years’ separation without it, and SPD and SPE for the equivalent dissolutions of a civil partnership. If you do it yourself, your only outlay is the £156 court fee, or nothing if you are exempt.
The honest position is this. Somebody who clearly meets every one of the simplified divorce criteria, has properly resolved any financial claims, and is comfortable completing the procedure may reasonably choose to do it themselves, and we will tell them so. The criteria are stricter than most people assume: no child of the marriage under sixteen; one year’s separation with consent or two years’ without; no financial matters left to resolve between you; no other proceedings under way that might end the marriage; the Scottish jurisdiction and residence requirements met; and neither of you unable to understand or consent to the divorce by reason of mental disorder. What you are paying us for is convenience, certainty, professional preparation and the reduction of risk — that the application is prepared correctly, sworn properly and lodged in the right court, and that somebody deals with the sheriff clerk if it is rejected. It is not access to a procedure the public cannot use. The affidavit can be sworn before a Justice of the Peace free of charge. Applications are refused for small reasons — a date that does not match the marriage certificate, an address that does not establish jurisdiction, a signature sworn before the wrong person — and each refusal costs time.
One distinction matters more than any other here. Having physically divided your money and possessions is not the same as having resolved your financial claims in law. Financial provision under the Family Law (Scotland) Act 1985 is sought in the divorce action itself, so a couple who have split the bank accounts between them may still have live legal claims against one another. What we would not do is encourage anyone to use the simplified route where those claims are unresolved. Once decree is granted, financial claims between spouses are extremely difficult to raise in Scotland, and the saving of a few hundred pounds is a poor trade against a pension share or a share of the equity in a house.
When a divorce costs more than the fixed fee
A fixed fee works because the work is predictable. It stops being predictable in four situations:
- The action is defended. Once your spouse lodges a notice of intention to defend, the case is no longer undefended and the fixed fee cannot apply.
- Finances are unresolved. Dividing property, pensions or a business is separate work and is charged separately.
- There is a dispute about the children. Where residence or contact is contested, that is a distinct action.
- Your spouse cannot be found, or is abroad. Service becomes more complicated and more expensive.
Any of those takes the case outside a fixed fee, and it is handled by our full-service firm, Rooney Family Law, on a normal charging basis. We will tell you at the outset if we think your case falls into one of these categories rather than quote a figure that cannot hold.
How the two routes compare
| Simplified | Ordinary, undefended | |
|---|---|---|
| Total cost | £550 all in | £1,550 all in |
| Children under 16 | Not available | This is the route |
| Finances | Must already be resolved | Should be resolved first |
| Separation required | 1 year with consent, 2 years without | 1 year with consent, 2 years without |
| Typical timescale | 8 to 12 weeks | 3 to 4 months |
| Court fee | £156 | £273 |
Read more about the fixed-fee simplified divorce or read more about the fixed-fee ordinary divorce.
Frequently asked questions about the cost of divorce in Scotland
How much does a divorce cost in Scotland?
A simplified divorce costs £550 all in with us and an undefended ordinary divorce costs £1,550 all in. Both figures include our fee, VAT, the court fee and the cost of intimating the papers. If you apply for a simplified divorce yourself, your only outlay is the £156 court fee, or nothing if you qualify for the fee exemption.
What is the court fee for a divorce in Scotland in 2026?
From 1st April 2026 the fee for lodging a simplified divorce or dissolution application is £156. For an ordinary divorce the initial writ costs £191 and the initial lodging of affidavits in an undefended family action costs a further £82, so £273 in total. These figures are set by the Sheriff Court Fees Order 2026, SSI 2026/74.
Can I get the court fee waived?
Yes, in some circumstances. The Scottish Courts and Tribunals Service operates a fee exemption for people receiving civil legal aid or advice and assistance for the application, and for people on certain benefits including income support, income-based jobseeker’s allowance, guarantee credit under pension credit, income-related employment and support allowance, universal credit, and Scottish Welfare Fund assistance received in the previous three months. Personal independence payment and adult disability payment qualify subject to a gross annual income limit, which is currently £26,437. That income limit applies to those two benefits only; it does not attach to the others listed above. The conditions are set out on the exemption form itself.
Is a simplified divorce cheaper than an ordinary divorce?
Considerably. The court fee is £156 rather than £273, there are no affidavits to prepare and no sheriff officer to instruct, and the paperwork is much shorter. That is why our fixed fee is £550 rather than £1,550. The simplified route is only available where there is no child of the marriage under sixteen and all financial matters are already resolved.
Can I do my own divorce in Scotland?
Yes, if you qualify for the simplified procedure. The forms are the SP series and they are free to download from the Scottish Courts website. If you have no children under sixteen, nothing left to divide and a clean period of separation, doing it yourself is a reasonable thing to do. Where finances are unresolved you should take advice first, because financial claims are very difficult to raise once decree has been granted.
Why does a divorce with a child under sixteen cost more?
Because the simplified procedure is not available. The court has to be satisfied about the arrangements for the child, so the action must proceed by ordinary procedure even where everything has been agreed between you. That means an initial writ, affidavit evidence, service by sheriff officer and higher court fees.
Does the fixed fee cover sorting out the money?
No. The fixed fee covers the divorce action itself. Dividing property, pensions, savings or debts is separate work and is handled by Rooney Family Law on a normal charging basis. We would always suggest resolving the finances before the divorce is finalised rather than afterwards.
How long do I have to be separated before I can divorce in Scotland?
One year, if your spouse consents to the divorce. Two years, if they do not consent or cannot be asked. The period runs from the date you stopped living together as a couple, which is not always the date one of you moved out.
Managing Partner, Rooney Family Law — Law Society of Scotland Accredited Specialist in Family Law.
Last reviewed 20th August 2026. Court fees stated on this page are those set by the Sheriff Court Fees Order 2026 (SSI 2026/74), in force 1st April 2026.
Speak to Us
Both of our fixed fees include the court fee and there is nothing further to pay: £550 all in for a simplified divorce, £1,550 all in for an undefended ordinary divorce. If your case is not one we can do at a fixed fee, we will tell you before any work starts.
