Fixed-Fee Ordinary Divorce in Scotland
Two fixed fees, court fees included, nothing further to pay.
| Which one applies | Fixed fee |
|---|---|
| Simplified divorce — no child of the marriage under sixteen and nothing financial outstanding | £550 all in, including the £156 court fee |
| Undefended ordinary divorce — a child under sixteen, or the simplified procedure is not open to you | £1,550 all in, including £273 in court fees and sheriff officer service |
If you are not sure which applies, five questions will settle it. This page covers the ordinary divorce. Where a case is defended, or finances are unresolved, a fixed fee cannot apply and we will tell you before any work begins.
An ordinary divorce is the route you must use in Scotland where there is a child of the marriage under sixteen. Where the action is undefended our fixed fee is £1,550 all in, court fees included, and a straightforward case is usually concluded within three to four months.
Our Fixed Solicitor Fees
Our fee: £967.90 + VAT
Plus court fees £273
Plus Sheriff Officer fees £115.52
How Long Will It Take?
3-4 months typically
If the case runs smoothly, the divorce decree should be obtained within 3 to 4 months
Time depends on various factors and court availability
Key Difference
For families with children under 16
Unlike simplified divorce, this process is designed for couples who have children under 16
The court requires confirmation about children's welfare arrangements
A Fixed-Fee Ordinary Divorce Service in Scotland
This is a fixed-fee divorce service for people in Scotland who want to know the full cost before they begin. We handle the whole undefended ordinary divorce for one published price, with no hourly billing and no hidden extras. The fee covers the preparation and lodging of your action, the court fee and outlays, and the service of papers, so the figure you see is the figure you pay.
It suits a straightforward, uncontested case where you simply want the divorce dealt with properly and at a known cost. It is most often the right route where there is a child under sixteen, because the simplified procedure is not available in that situation. If your case is more complex or contested, a fixed fee cannot apply, and we will tell you so honestly at the outset.
Which Route Applies to You
There are two routes to a divorce in Scotland, and a short self-check will usually tell you which one fits. The simplified procedure may be open to you if there are no children of the marriage under sixteen, your finances are already resolved, and you are relying on a period of separation as the basis for the divorce. If any one of those is not true, the ordinary procedure applies instead.
In other words: no children under sixteen, money already sorted, and a qualifying period of separation points to the simplified route; children under sixteen, finances still to settle, or any element of dispute points to the ordinary route. The simplified route relies on a period of separation rather than the wider grounds for divorce, which are explained in full on our main family law site.
Divorce in Scotland With a Child Under Sixteen
Where there is a child of the marriage under sixteen, the simplified procedure is not available. The court needs to be satisfied about the arrangements for the child, so the divorce must proceed as an ordinary action, even where everything has been agreed between you.
This is the situation we handle most often, and we deal with it at our fixed fee where the action is undefended. Questions about residence, contact, or the division of property and pensions sit outside a fixed-fee divorce; for those, see our main family law site at Rooney Family Law.
How Long It Takes
An undefended ordinary divorce is usually completed within three to four months from the point papers are served, which makes it one of the quicker ways to obtain a divorce in Scotland once your case is ready to lodge. A simplified divorce, where it is available, is typically faster still. Exact timing depends on how quickly papers can be served and on court availability, but because the process is fixed and undefended there is little to slow it down.
What an Ordinary Divorce Costs
The cost depends on which of the two routes your circumstances allow, and we publish both fees in full with no hidden extras.
A simplified divorce costs £550, all in. That is our fixed fee for an undefended simplified divorce where there are no children under sixteen and your finances are already resolved. The £550 covers everything — our solicitor's fee, VAT, the court fee and outlays — so there is nothing further to pay.
An ordinary divorce costs £1,550, all in. For a straightforward undefended ordinary divorce, the fixed fee breaks down as legal fees of £967.90 plus VAT (£1,161.48), court fees of £273, and sheriff officer fees of £115.52.
Both are genuine fixed fees: you know the total before you start. A full breakdown of both fixed fees, the current 2026 court fees and who may qualify for exemption from them is set out on our cost of divorce in Scotland page. If your circumstances fall outside these — children under sixteen, finances still to be resolved, or any element of dispute — a fixed fee cannot apply, and the matter is handled on our standard hourly basis. We will tell you that honestly at the outset rather than quote a figure that cannot hold.
Can You Do It Yourself?
If your case is genuinely simple and uncontested, a do-it-yourself or fixed-fee route can work well, and our fixed fee is designed for exactly that kind of clean, agreed divorce. The honest steer is this: where there are children, property, pensions, or any disagreement between you, you should take advice before going ahead, because decisions made now are difficult to undo later. For complex or contested matters we would point you to our full-service family law site at Rooney Family Law.
What Is an Ordinary Divorce in Scotland?
An ordinary divorce is the process used when you have children under 16 from your marriage. While it follows a similar path to simplified divorce, there are important additional requirements to ensure the welfare of your children is properly considered by the court.
The Key Difference from Simplified Divorce:
The main difference between this type of divorce and the Fixed Fee Simplified Divorce is that:
- Simplified Divorce: Cannot be used if there are any children under 16
- Ordinary Divorce: Specifically designed for couples with children under 16
Even if every detail has been agreed regarding the children, the court still requires confirmation in relation to the children's welfare. As a result, the procedure is longer and costs more.
The ordinary divorce process ensures that proper arrangements are in place for your children, including where they'll live, contact with both parents, and financial support. This additional oversight by the court is designed to protect children's interests during the divorce process.
Why Choose Divorce Scotland Over Other Firms?
❌ What Others Do:
- ❌ Charge by the hour (£200-400/hour)
- ❌ Surprise fees and outlays
- ❌ Lengthy 6-12 month processes
- ❌ Junior staff handling your case
- ❌ Push you toward court battles
- ❌ Hidden costs for emails and calls
✓ What We Do:
- ✓ ONE fixed price - £1,550 total
- ✓ All costs included upfront
- ✓ Fast 3-4 month completion
- ✓ Senior solicitors only
- ✓ Amicable solutions focus
- ✓ Unlimited support included
🏆 The Divorce Scotland Guarantee
If we can't complete your ordinary divorce for £1,550 total, we'll refund your fee
(Applies to standard uncontested cases)
Who Can Use the Ordinary Divorce Procedure?
To be eligible for this kind of divorce (Ordinary Divorce), you need to meet these requirements:
Essential Requirements
- You have children under 16 from the marriage
- You've been separated from your spouse for the required time period
- You must be able to show that your case falls under Scots Law
- Arrangements for the children must be addressed (even if agreed)
Separation Period Requirements
- 12 months separation: Your spouse will need to sign a consent form to agree to the divorce
- 24 months separation: No consent is necessary - you can proceed without their agreement
The separation period is counted from the date you stopped living together as a couple.
Important Note: If you don't have children under 16 and all financial matters are resolved, you may be eligible for the simpler and less expensive Simplified Divorce process instead.
Arrangements for Children
When divorcing with children under 16, the court needs to be satisfied that appropriate arrangements are in place for their care and welfare. This includes:
🏠 Living Arrangements
- Where the children will live (residence)
- How time will be split between parents
- Holiday and special occasion arrangements
- School and education decisions
💰 Financial Support
- Child maintenance payments
- Education costs
- Healthcare and additional needs
- Extracurricular activities
Even if you and your spouse have agreed on all arrangements, the court still needs to review and approve them to ensure they're in the children's best interests. This is why the ordinary divorce process takes longer than simplified divorce.
How We Handle Your Ordinary Divorce
When you choose our fixed-fee service, we take care of the entire ordinary divorce process for you:
Our Complete Service Includes:
- ✓ Professional preparation of all divorce paperwork
- ✓ Drafting arrangements for children documentation
- ✓ Liaison with your spouse's solicitor (if applicable)
- ✓ Submission to the appropriate court
- ✓ Handling all correspondence with the court
- ✓ Sheriff Officer service of papers
- ✓ Keeping you updated throughout the 3-4 month process
- ✓ Fixed fee of £967.90 + VAT (Total = £1,161.48)
- ✓ Plus court fees of £273 and Sheriff Officer fees of £115.52
- ✓ TOTAL COST: £1,550
What We Need From You to Get Started
To begin your ordinary divorce application, we'll need the following information:
📋 Basic Information
- Original marriage certificate
- Proof of identity
- Current addresses (yours and spouse's)
- Date of separation
- Details of any previous court proceedings
👶 Children's Information
- Full names and dates of birth
- Current living arrangements
- School details
- Proposed arrangements for residence and contact
- Any special needs or requirements
Don't worry about complex forms or procedures - we prepare everything for you and guide you through each step.
⚠️ Important: Financial Matters Must Be Addressed
While the ordinary divorce process handles arrangements for children, it's crucial to also address financial matters between you and your spouse. This includes:
- Division of property and assets
- Pension sharing
- Spousal maintenance (separate from child maintenance)
- Division of debts
Why this matters: Once your divorce is finalised, it becomes extremely difficult (often impossible) to make financial claims against your former spouse under Scots Law. We strongly recommend seeking legal advice about financial matters before proceeding with your divorce.
We can help you with a Separation Agreement to resolve these matters, or advise on the best approach for your situation.
Frequently Asked Questions
The time a Fixed Fee Ordinary Divorce takes to complete depends on a number of matters and is more difficult to predict than the Fixed Fee Simplified Divorce. If the case runs smoothly, the divorce decree should be obtained within 3 or 4 months. Factors that can affect timing include:
- How quickly papers can be served on your spouse
- Whether your spouse responds promptly
- Court availability and processing times
- Complexity of children's arrangements
If you and your spouse cannot agree on arrangements for the children, the court may need to make decisions about:
- Where the children will live (residence orders)
- Contact arrangements with the non-resident parent
- Specific issues like education or medical treatment
In contested cases, the process will take longer and additional costs may apply. We can discuss options for reaching agreement, including mediation services.
Whether you need your spouse's consent depends on how long you've been separated:
- Separated for 12 months: Yes, your spouse must consent and sign the appropriate form
- Separated for 24 months: No consent needed - you can proceed without their agreement
However, even without consent to the divorce itself, your spouse will need to be involved in discussions about children's arrangements.
Our total fixed fee of £1,550 includes:
- Our professional fee: £967.90 + VAT (£1,180.73)
- Court fees: £273 (paid to the Scottish Courts)
- Sheriff Officer fees: £115.52 (for serving divorce papers)
This covers the entire standard process. Additional costs only apply in unusual circumstances, such as if multiple attempts at service are required or if matters become contested.
Yes, arrangements for children can be modified after divorce if circumstances change. However, it's best to get comprehensive arrangements in place from the start. Changes might be needed due to:
- Children's changing needs as they grow
- Changes in parents' circumstances
- Relocation of a parent
- Children's own wishes (especially as they get older)
Any significant changes should be agreed between parents or, if necessary, decided by the court.
If you don't have children under 16 but have other complications (such as complex financial matters, international elements, or disputes), you may still need to use the ordinary divorce procedure rather than simplified divorce. We can assess your situation and advise on the most appropriate route for your circumstances.
An undefended ordinary divorce is a fixed fee of £1,550, all in. That figure is made up of legal fees of £967.90 plus VAT (£1,161.48), court fees of £273, and sheriff officer fees of £115.52. There are no hidden extras. A simplified divorce, where you qualify, is a fixed fee of £550, all in.
An undefended ordinary divorce is usually completed within three to four months from the point papers are served, depending on how quickly papers can be served and on court availability. A simplified divorce, where it is available, is typically faster.
If your case is genuinely simple and uncontested, a fixed-fee or do-it-yourself route can work well. Where there are children, property, pensions, or any disagreement, you should take advice first, because the decisions are difficult to undo later.
The £550 simplified fee applies to an undefended simplified divorce where there are no children of the marriage under sixteen, your finances are already resolved, and you are relying on a period of separation. If any of those does not apply, the ordinary route is needed instead.
Yes. Where there is a child under sixteen the simplified procedure is not available, so the divorce proceeds as an ordinary action. We handle this at our fixed fee of £1,550 where the action is undefended.
The fixed fee covers the preparation and lodging of your divorce action, our solicitor’s fee and VAT, the court fee and outlays, and the service of papers by sheriff officers. You know the full total before you start, with nothing further to pay on a straightforward undefended case.
Get in Touch About Your Fixed Rate Ordinary Divorce
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Our experienced family law team understands that divorce with children requires sensitivity and expertise. We're here to guide you through every step.
Contact Information
Phone: 0800 193 4525
Email: info@divorcescotland.scot
Main Office:
2 Candymill Lane, Bothwell Bridge Business Park, Hamilton, ML3 0FD
Our Other Locations
Glasgow South: 1 Spiersbridge Way, Thornliebank, Glasgow, G46 8NG
Glasgow Central/Westend: Woodside Business Centre, 4 Woodside Place, Charing Cross, Glasgow, G3 7QF
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East Kilbride: Orbital House, Peel Park, East Kilbride, G74 5PR
Falkirk: 45 Vicar Street, Falkirk, FK1 1LL
Livingston: Fairways Business Park, Deans, 8 Deer Park Ave, Livingston, EH54 8AF
Stirling: Stirling Business Centre, Wellgreen Pl, Stirling, FK8 2DZ
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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.
