Sharon Murray, Partner and Head of Family Law, Gillespie Macandrew

As a new year begins, some couples may take the opportunity to reflect on their relationship and contemplate what their future holds. This period of introspection may sometimes lead to a decision to end their relationship.  The start of 2025 has proven no different as a string of separations affecting public figures are announced – mainly from couples who have been married for some time.  In January, we often receive an increase in the number of enquiries from individuals who are seeking information about what separation may entail for them. Although divorce can be daunting and stressful, you can remove some anxiety around the process of separation from your partner by considering a few fundamentals.

Separation Preparation

How do you divorce?

In Scotland, a Court must be satisfied that your marriage has broken down irretrievably, with no prospect of reconciliation, before it will consider granting you a divorce. If you are confident that this is the case, then you still need to prove to a court that you have been separated for the required period before you can divorce. This is one year with your spouse’s consent and two years, if they will not consent. If you have not been separated for the required period of time, then you have to show the Court that your marriage has broken down due to your spouse’s unreasonable behaviour or adultery. A family law solicitor will guide you on these points.

Are you ready for divorce?

Even if you both agree that your divorce is going to be amicable, the process of a divorce itself and the fact that you are dealing with a relationship breakdown is stressful and can take its toll on your physical and mental wellbeing. Ask yourself whether you’re ready for that. If you can, get a strong support network around you to maintain your resilience during the process – this includes choosing a family law solicitor that you can work together with throughout your divorce.

What about the children?

If you have children, it is important to consider how the timing of the divorce process may impact them. Part of the divorce process will be to consider the arrangements that will need to be put in place for children under the age of 16 when their parents separate. This may involve taking the views of the children on those arrangements. Whilst there is never a good time, there may be times that you may choose to avoid, for example, the build-up to school exams or other significant events in the child’s life. Again, a family law solicitor will help you get the timings right.

Are you across your family finances?

The more information you have about your family finances, the better. This covers everything from knowing your assets, liabilities, income and outgoings to knowing who you bank with and your utility suppliers.  Knowing details of your family finances will help to reduce unpleasant hurdles or delays and prepare you for sorting these matters as part of planning your divorce procedure. Having good financial awareness will also allow your family law solicitor to give you an insight into your potential financial position post-divorce so you can start to roadmap your future circumstances. Involving professional and personal support at as early a stage as possible will help you to identify the points you need in place to make progress.

How do I request practical support in Divorce?

Divorce means making an application to the Court. At the same time, you must ask the Court for any financial claim, otherwise you are likely to lose the right to make this type of claim once you are divorced. You may also need to ask the Court for assistance in sorting out the arrangements for the Children. In order to preserve these claims, you should get advice from a family law solicitor before raising a divorce action.

In most cases, divorce can be unsettling because it involves change and adapting to a new way of life. The above points shed light on how to practically deal with the process at the outset and most importantly, provide guidance on where to start. We understand that every relationship is different and will always look to provide advice tailored to your situation.

About Gillespie Macandrew
Gillespie Macandrew LLP is an independent Scottish law firm with offices in Edinburgh, Glasgow and Perth.  We provide expert legal advice to businesses and individuals and their families on a wide range of legal and tax matters and are leading advisors to the rural, energy, charity and property sectors.