If you are in doubt as to how it applies in your case, consult a family law solicitor. Short periods spent together again will not be detracted from the one or two year period of separation, so long as they do not exceed six months in total. The period of separation does not need to be continuous. The form requires the date when you last lived together and any dates when you temporarily got back together. Continuous separation of more than a year is considered evidence of the irretrievable breakdown of a marriage (see ‘grounds for divorce’). This procedure is appropriate where the parties have been separated for either one year and both consent to the divorce or two years if one party does not consent. A solicitor is not normally required but the form must be signed by a Justice of the Peace, Notary Public, or Commissioner for Oaths. This is the ‘fast-track’ process and you do not need to appear in court. In the most straightforward cases (for instance, where there are no financial matters to decide and no children under 16) you will need to lodge the appropriate form in the Sheriff Court.
You can obtain a divorce through a simple court procedure or by formal ‘writ’ lodged with the court. If the legal validity of your marriage is a concern for you, seek advice from a solicitor specialising in family law. If a third party wishes to have the marriage formally declared invalid, they can seek an annulment from the court. Should any legal requirements for a valid marriage be absent, it is invalid. The law also sets out specific formalities of marriage that must be complied with, such as submitting a marriage notice and birth certificates to the district registrar. To form a legally valid marriage, the law requires that the parties must be aged 16 years of age and have the necessary mental capacity to consent to marry must not already be married and must not be coerced into marriage. If a ‘marriage’ is not legally valid, a divorce is neither necessary nor possible. If the parties change their mind once a divorce has been granted, they will need to get married again. Once granted, divorce is final and the marriage is ended. Until the divorce is granted, the marriage still exists, regardless of the actual situation between husband and wife. Similar to marriage, it is the court that ultimately grants dissolution, formally ending the partnership. A civil partnership can only be ended through the process of dissolution by application to the court. It is the court that ultimately grants a divorce.Ĭivil partnership is a legal status established under the Civil Partnership Act 2004. The only way to end a valid marriage (other than by death) is through the legal process of divorce by application to the court. Marriage is a legal status established under the Marriage (Scotland) Act 1977.