Simplified vs Ordinary Divorce in Scotland: Which Applies to You?

One of the first things a Scottish family solicitor will establish is which of the two divorce procedures applies to you. It is not a choice — your circumstances decide it — but understanding the distinction helps you see what your divorce will involve and roughly what it will cost.

The simplified procedure

The simplified procedure is the quicker, cheaper, form-based route, sometimes called the “do-it-yourself” divorce. You can use it only if you can say yes to all of the following:

• The divorce is based on the irretrievable breakdown of the marriage, established by one year’s separation with your spouse’s consent or two years’ separation without consent (or the issue of an interim gender recognition certificate);
• There are no children of the marriage under the age of 16;
• Neither party is making a financial claim in the proceedings;
• There are no other court proceedings that could end the marriage;
• Neither spouse suffers from a mental illness, personality disorder or learning disability such that a sheriff could not allow the application to proceed.

There are also residence requirements — broadly, that you or your spouse are habitually resident in Scotland — which differ slightly depending on whether you lodge in the sheriff court or the Court of Session.

The ordinary procedure

If you cannot tick every box above, you fall into the ordinary procedure. In practice, the two most common reasons people cannot use the simplified route are:

• There are children of the marriage under 16, or
• There are financial matters to resolve — property, pensions, savings, or any capital claim.

The ordinary procedure is more involved. Where children are concerned, the court must be satisfied with the arrangements made for them before granting decree, even if both parents agree. Where finances are in issue, they must be resolved — ideally by agreement — as part of, or before, the process.

A crucial trap: finances and the simplified route

Because the simplified procedure requires that no financial claim is being made, some people are tempted to use it to get a quick, cheap divorce while leaving the money “for later.” This is dangerous. Under Scots law, once you are divorced it becomes extremely difficult, and often impossible, to make a financial claim against your former spouse. The clean-break principle that Scottish law favours cuts both ways. If there are any assets to divide, the correct approach is to settle them first — typically in a Minute of Agreement — and only then proceed with the divorce. A couple who have properly resolved their finances in a Minute of Agreement may then be able to use the simplified route, because no financial claim remains outstanding in the divorce itself.

Which will cost more?

The simplified procedure is significantly cheaper because there is little for a solicitor to do; the ordinary procedure costs more because of the additional work, and far more again if anything is contested. Our guide to how much a divorce costs in Scotland breaks the figures down.

If you are unsure which procedure applies, a family solicitor can confirm it in a single consultation. Our city guides can help you find one.

Disclaimer: This article is general information about the law in Scotland and is not legal advice. It may not reflect the most recent changes in the law. Always consult a qualified solicitor about your own circumstances.