Fixed Rate Simplified Divorce in Scotland
The quickest and most affordable way to legally end your marriage when circumstances are straightforward – typically completed in 8-12 weeks
Our Fixed Solicitor Fees
Our fee: £290.83 + VAT
Plus standard court dues of £151
How Long Will It Take?
8-12 weeks typically
The simplified divorce process usually completes within 8 to 12 weeks of submitting your application
Sometimes longer if the court is busy, but still faster than the traditional route
Payment Options
Flexible payment available
Our fees can be split into two monthly instalments for your convenience
Note: We're unable to process Legal Aid applications for this service
What Is a Simplified Divorce in Scotland?
If you and your spouse are looking for a hassle-free way to legally end your marriage—and you don't have children under 16 or financial knots to untangle—a simplified divorce might be just the ticket. Often nicknamed the "quickie divorce," this is Scotland's streamlined approach to ending a marriage when things are straightforward.
Here's how it works: as long as there are no money matters left to divide (perhaps you've already got a Separation Agreement sorted), and you haven't got children together under 16, you can apply for this fixed-fee option. The paperwork is kept simple, and the process typically involves filling out the required forms, having them sworn before a notary, and submitting everything to the court.
You'll usually find the process wraps up in eight to twelve weeks—sometimes a touch longer if the court is busy, but much faster than the traditional route. So, if you've already been separated for the required period and meet the criteria, the simplified divorce can save everyone time and stress.
Who Can Use the Simplified Divorce Procedure?
To use the simplified divorce process in Scotland, you need to tick a few important boxes:
Essential Requirements
- All financial matters between you and your spouse must be sorted—either there's nothing left to resolve, or you've got a Separation Agreement in place
- There can't be any children from the marriage or partnership under 16
- You and your spouse must have been living apart for the legally required time
- You must be able to show that your case falls under Scots Law (jurisdiction requirements apply)
- This process is not available if your spouse or civil partner is unable to understand or agree to the divorce due to mental incapacity
Separation Period Requirements
- 12 months separation: If your spouse or civil partner is willing to give their consent for the divorce
- 24 months separation: If getting agreement isn't possible, you can proceed without their consent
This separation period is counted from the date you stopped living together as a couple. If you're unsure whether your situation qualifies, we're happy to help clarify what counts as "living apart" under Scottish law.
Jurisdiction Requirements for Applying in Scotland
To apply for a simplified divorce in Scotland, you'll need to show that you meet certain residency (jurisdiction) rules before moving forward. Here's what you need to know:
At least one of these must apply:
- At least one of you must be habitually resident in Scotland (Scotland needs to be your ongoing place of home and everyday life)
- In some cases, if both you and your spouse last lived together in Scotland—and one of you still does—you may also be eligible
- If your spouse or civil partner is the one living in Scotland, that can count too
- If you have been living in Scotland for at least a year immediately before applying, you're typically covered
- Alternatively, if you've been here at least six months before applying and consider Scotland your permanent "home country" (domicile), that works as well
- If both you and your spouse see Scotland as your long-term home, you also clear this hurdle
Additional Sheriff Court Requirements:
- You or your spouse must have lived at your current address for at least 40 days before signing the paperwork, OR
- If neither has a current address in Scotland, you lived at a Scottish address for at least 40 days, ending not more than 40 days before the date you sign the form
In short: these rules are here to make sure Scotland is the appropriate place for your divorce to be handled. If you're not sure you qualify, don't hesitate to get in touch and we'll help you work it out.
How We Handle Your Simplified Divorce Application
When you choose our fixed-fee service, we take care of the entire simplified divorce process for you:
Our Complete Service Includes:
- ✓ Professional preparation of all paperwork
- ✓ Arranging notarisation on your behalf
- ✓ Submitting your application to the appropriate court
- ✓ Handling all correspondence with the court
- ✓ Keeping you updated throughout the 8-12 week process
- ✓ Fixed fee of £290.83 + VAT (Total = £349)
- ✓ Plus standard court dues of £151
- ✓ TOTAL COST: £500
- ✓ Payment plan available (2 monthly instalments)
Note: While it's possible to apply for a simplified divorce yourself by downloading forms from the Scottish Courts website, most people prefer the peace of mind that comes with professional assistance to ensure everything is done correctly.
What We Need From You to Get Started
When you choose our service, we handle all the paperwork and court submissions for you. To begin your simplified divorce application, we'll need:
📋 Information & Documents Required
- Your original marriage or civil partnership certificate
- Proof of identity (passport or driving licence)
- Your current address and contact details
- Your spouse's current address
- The date you separated
- Confirmation that financial matters are resolved
- Confirmation there are no children under 16
Don't worry about forms or court procedures - we prepare everything for you and handle all submissions directly.
⚠️ Important: When Simplified Divorce ISN'T Right For You
If You Have Children Under 16
If there are children under 16 involved, the Fixed Rate Simplified Divorce route, unfortunately, won't be available to you. The simplified procedure in Scotland is only open to couples who don't have children under the age of 16 from the marriage or civil partnership.
But don't worry—this doesn't mean divorce is off the table! You'll still be able to apply for a divorce, just through a different process known as the ordinary or "non-simplified" procedure. This route takes into account arrangements for your children, such as where they'll live and contact with both parents.
If you're unsure about what this means for your situation, or you'd like some guidance on putting child arrangements in place, feel free to reach out. We're happy to discuss your next steps—or point you toward family mediation or advice organisations like Relationships Scotland or Citizens Advice for additional support.
If Financial Matters Aren't Resolved
This is crucial: If you still have financial matters to sort out—such as dividing property, savings, or pensions—it's important to pause before proceeding with a simplified divorce application. This process is only open to couples with no ongoing financial ties or for those who've already put a formal Separation Agreement in place covering all money matters.
Sorting out finances now saves a lot of heartache down the line. Once your divorce is finalised under Scots law, it's incredibly difficult—often impossible—to raise financial claims in the future. For peace of mind, we strongly recommend that you seek legal advice before taking any further steps.
What happens if you don't settle finances first? If you finalise your divorce before reaching an agreement about property, pensions, or maintenance, you may find yourself unable to address these issues later. This could mean missing out on what you're entitled to, leaving you in a tough spot down the road.
If Your Spouse Has Mental Incapacity
If your spouse or civil partner is unable to understand or consent to a divorce due to a mental disorder, the Simplified Divorce process isn't available in your situation. Instead, you'll need to use the standard (or "ordinary") divorce procedure. This is a more in-depth legal route designed to ensure that everyone's rights are protected, especially when someone can't participate fully in the process.
It's always a good idea to speak with a solicitor if you're unsure about which procedure applies to your circumstances.
Why Getting Legal Advice Matters Before You Apply
Before you start any divorce proceedings, it's wise to have a chat with a legal expert. Why? Because if you go ahead and finalise your divorce without properly sorting out financial matters—like your home, pensions, or other shared assets—it can be extremely tough (if not impossible) to claim anything later under Scots Law. Once the paperwork is signed, that's usually it.
A good family law advisor will walk you through your options, make sure you understand what's at stake, and help you avoid costly mistakes. Even if things seem straightforward, a bit of professional guidance today can save you a world of hassle in the future.
Where to Go for Advice
If you're looking for advice on divorce or dissolution, it's always best to reach out to a Solicitor who specialises in Family Law. They can offer tailored support for your situation and guide you through the process with confidence.
If you're simply seeking guidance on completing the simplified procedure form, your local Sheriff Clerk's office (located within the Sheriff Court) is a helpful resource. They're equipped to answer questions about the paperwork and offer practical assistance along the way.
What We Can Help With
- Assessment of your eligibility for simplified divorce
- Advice on financial implications
- Preparation of Separation Agreements
- Complete handling of your application
- Guidance on alternative procedures if needed
Frequently Asked Questions
Wondering how quickly things can move? In most cases, the simplified divorce process in Scotland wraps up within eight to twelve weeks of submitting your application, provided there are no disputes. With all your paperwork in order, you could be on the path to a fresh start in just a few months.
To qualify for a simplified divorce, you'll need to have lived apart from your spouse or civil partner for a minimum period:
- 12 months if both parties agree to the divorce and are willing to sign the paperwork
- 24 months if you don't have their consent—after two years apart, you can apply without their signature
This separation period is counted from the date you stopped living together as a couple. If you're unsure whether your situation qualifies, we're happy to help clarify what counts as "living apart" under Scottish law.
For the Fixed Rate Simplified Divorce, whether your spouse or civil partner needs to provide consent depends on how long you've been separated:
- If you've been separated for at least one year: Your spouse or civil partner must agree to the divorce and will need to sign a consent form.
- If you've been separated for two years or more: You don't need their consent—your application can go ahead without it.
Please remember, simplified divorce is only available if there are no children of the marriage or civil partnership under 16, and no unresolved financial issues (unless you already have a Separation Agreement in place).
It's important to be aware that court fees for a simplified divorce aren't set in stone—they're reviewed and occasionally adjusted, typically each April. This means that the amount you pay to the court for processing your paperwork can increase slightly from year to year. You'll always find the most up-to-date fees published on the Scottish Courts and Tribunals Service website.
In addition to the court's own fee, there may be additional costs associated with serving documents to your spouse or civil partner, especially if recorded delivery is unsuccessful and Sheriff Officers are required. Keeping an eye on current fees ensures there are no surprises along the way.
Once you've diligently filled out your simplified divorce or dissolution application, the next step is to make sure it lands in the right place. You'll want to take your notarised form, along with your original marriage or civil partnership certificate and the necessary court fee, directly to your local Sheriff Court.
After your paperwork has been checked and the fee paid, the court staff will process your application from there. If you're unsure which court covers your area, the Scottish Courts' website has a helpful court finder tool. If anything's unclear along the way, the court staff are usually happy to point you in the right direction.
You absolutely can apply for a simplified divorce on your own if you meet the criteria. The forms are available from the Scottish Courts website or your local Sheriff Court. However, most people prefer to use our professional service to ensure everything is handled correctly and to avoid any delays or complications. Our total cost is £500 (£290.83 + VAT = £349 solicitor fee, plus £151 court dues).
In addition to our fixed fee, there are a few standard outlays you'll want to budget for as part of the simplified divorce process. These typically include:
- Court Fees: Standard court dues of £151 to be paid to the Scottish Sheriff Courts.
- Service Fees: If initial contact with your spouse or civil partner can't be made by Recorded Delivery, papers will need to be served by Sheriff Officers, and their charges will apply.
Standard Total Cost: £500 (our fee £349 + court dues £151)
Before moving forward with your divorce, it's essential to understand the risks of wrapping things up without sorting out finances first. If you finalise your divorce before reaching an agreement about property, pensions, or maintenance, you may find yourself unable to address these issues later on under Scots Law.
Once the court has granted your divorce, the chance to claim a fair share of assets or financial support generally disappears. This could mean missing out on what you're entitled to, leaving you in a tough spot down the road. That's why it's always wise to seek legal advice before starting the process, especially when financial matters are involved.
Get in Touch About Your Fixed Rate Simplified Divorce
Please check your eligibility for Legal Aid here before contacting us because we do not offer Legal Aid
Contact Form
Fill in our contact form on this page or use the contact details to get in touch directly.
Our team is ready to help you through the simplified divorce process with professional, confidential advice.
Contact Information
Phone: 0800 193 4525
Email: info@divorcescotland.scot
Main Office:
52 Main Street, Uddingston, Glasgow, G71 7LS
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
Edinburgh: 15 Queen Street, Edinburgh, EH2 1JE
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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