Differences Between Legal Separation and Divorce In Scotland
Facing the prospect of ending a marriage is never easy, and for many couples in Scotland, the decision to separate or divorce is one filled with complex emotions and uncertainties. When contemplating the way forward, it’s crucial to understand the legal distinctions between legal separation and divorce, as well as the legal and financial implications associated with each choice.
In this blog post, we’ll shed light on these crucial differences to help you make an informed decision that aligns with your unique circumstances.
Legal Separation in Scottish Law
Legal separation, often referred to as a “separation agreement” or a “Minute of Agreement” in Scotland, is a legal arrangement that allows couples to live apart without formally ending their marriage. Key points to consider about legal separation in Scottish law include:
Maintenance and Financial Arrangements
A separation agreement can outline financial responsibilities and support arrangements between spouses during the separation period. This includes decisions on property, assets, and debts.
Child Contact Arrangements
Child contact arrangements can be included in the separation agreement, ensuring that both parents’ rights and responsibilities are clearly defined.
Duration
A separation agreement can be temporary or more long-term, depending on the couple’s needs. It is flexible and can evolve over time as circumstances change.
Divorce in Scottish Law Explained.
Divorce, on the other hand, is the legal process that formally terminates a marriage in Scottish law. Here are the key aspects of divorce in Scotland:
Grounds for Divorce In Scotland
In Scotland, divorce can be granted on the grounds of irretrievable breakdown, which can be established through one of four grounds: adultery, unreasonable behaviour, non-cohabitation for at least one year with consent or two years without consent.
Financial Settlements
Divorce proceedings can involve the division of marital property, assets, and debts if it has not been possible to resolve this through a separation agreement. The court may issue financial orders to ensure that both parties are treated fairly.
Child Contact and Maintenance
Child contact arrangements can be addressed during divorce proceedings if it has not been possible to resolve outwith court. The court’s primary concern is the welfare and best interests of the children.
Child Maintenance
If agreement cannot be reached on child maintenance arrangements, then this matter will be dealt with by the Child Maintenance Service who will assess the level of liability.
Finality
Divorce legally ends the marriage, and both parties are free to remarry if they choose to do so. It provides a legal termination to the relationship.
Consulting with our qualified legal team at Hill & Robb, who specialises in divorce & family law, can provide you with the guidance and support through the legal separation and divorce process.
To speak to our Team today, contact us here
