Divorce in Scotland is granted when a marriage has broken down irretrievably, usually shown by one year apart if you both agree or two years if you don't. Straightforward cases can use the simplified procedure, which costs £156 in the sheriff court from 1 April 2026. The no-fault law that began in England and Wales in 2022 doesn't apply.
Why is divorce in Scotland different?
Scotland has its own legal system, so most of what you read about divorce online, including most of the guides on divorcd, doesn't apply. To divorce in a Scottish court, one of you must be domiciled in Scotland when the application is made, or have been habitually resident in Scotland for at least a year immediately before it. To use a sheriff court, one of you must also have lived in that court's area for at least 40 days (Scottish Courts and Tribunals Service).
Most divorces go through the local sheriff court. The Court of Session in Edinburgh can also grant divorces. The words are different too: the person asking for the divorce is the pursuer, and the other spouse is the defender. Our glossary of divorce terms explains the Scottish words you'll meet.
What are the grounds for divorce in Scotland?
There's one ground for divorce in Scotland: the marriage has broken down irretrievably. You show that in one of these ways (Divorce (Scotland) Act 1976, section 1):
- You've lived apart for one year and your spouse agrees to the divorce
- You've lived apart for two years, whether or not your spouse agrees
- Adultery
- Behaviour that means you can't reasonably be expected to keep living with them
A divorce can also be granted where one of you has been issued with an interim gender recognition certificate. Desertion stopped being a ground in 2006.
Most people use separation. It avoids blaming anyone, and by the time people are ready to divorce they've often been apart for a while anyway. Scots law doesn't set a minimum length of marriage before you can divorce, unlike England and Wales, where you must have been married for a year. In practice the separation periods mean most people will have been married for longer.
What are the two ways to apply for a divorce in Scotland?
The simplified ("do-it-yourself") procedure
If your situation is straightforward, you can divorce without a solicitor using a form from the Scottish courts. You can use it only if all of these apply (SCTS):
- you're relying on one year's separation with consent, two years' separation, or an interim gender recognition certificate
- you have no children under 16
- there's nothing about money or property for the court to decide
- no other court case is under way that could end the marriage
- neither of you has a mental illness, personality disorder or learning disability
The form includes an affidavit, a sworn statement, which you sign in front of a Justice of the Peace, notary public or commissioner for oaths. It's free in front of a Justice of the Peace, and your local court can arrange one.
The ordinary procedure
If you have children under 16, need the court to deal with money or property, or are relying on adultery or behaviour, you'll use the ordinary procedure. Most people do this through a solicitor, who drafts the court papers (in the sheriff court, an initial writ).
Many couples agree everything first in a signed separation agreement, which makes the divorce itself much simpler.
How much does a divorce cost in Scotland?
A simplified divorce costs £156 in the sheriff court from 1 April 2026, and an ordinary divorce costs £191 to start. Both fees rise on 1 April 2027. Solicitors' fees for an ordinary divorce are on top.
| Court fee | From 1 April 2026 | From 1 April 2027 |
|---|---|---|
| Simplified divorce, sheriff court | £156 | £160 |
| Ordinary divorce, sheriff court (initial writ) | £191 | £196 |
| Simplified divorce, Court of Session | £162 | Not yet published |
Fees from the Sheriff Court Fees Order 2026 and the 2026 Court of Session fees order (SSI 2026/74, SSI 2026/80), correct at 20 October 2026. Other fees can apply later in a case. You may not have to pay court fees if you get certain state benefits, using the fee exemption form on the Scottish courts website (SCTS). The Scottish Legal Aid Board can tell you whether you could get help with a solicitor's fees.
How are money and property split in a Scottish divorce?
Scotland has clearer rules than England and Wales about what gets shared. The starting point is matrimonial property: anything either of you acquired during the marriage, up to the relevant date (Family Law (Scotland) Act 1985, section 10).
- The relevant date is usually the day you separated, or the day the divorce papers were served if that came first.
- Matrimonial property includes savings, the share of pensions built up during the marriage, and the home if it was bought for you to live in as a family, even if one of you bought it before the wedding.
- Gifts and inheritances from someone else don't count, and neither does most of what you owned before you married.
Matrimonial property is meant to be shared fairly, which usually means equally, although the court can depart from that in some circumstances. What it's worth is generally fixed at the relevant date, so that date matters a great deal. Write it down.
Many couples record what they've agreed in a separation agreement (often called a minute of agreement), drawn up by solicitors and registered so it can be enforced. Our guide to separation agreements covers what to include, though it's written for England and Wales.
What happens with children in a Scottish divorce?
If you agree arrangements for your children between you, you don't need a court order. If you can't agree, mediation can help, and the court will only make an order if it's better for the child than making no order at all. The child's welfare always comes first, and older children's views are taken into account.
Child maintenance in Scotland goes through the same Child Maintenance Service as in England and Wales, or you can agree it between you. Our guide to co-parenting after divorce has practical ideas that work wherever you live.
What rights do unmarried couples have in Scotland?
Scotland gives unmarried partners more rights than England and Wales, but there's a strict deadline. If you lived together and the relationship has ended, you can ask the court for a financial award, but you must start the claim within one year of the day you stopped living together (Family Law (Scotland) Act 2006, section 28). Miss it, and the right is usually gone, so speak to a solicitor early.
Are the rules about to change?
Possibly. The Scottish Government ran a family law consultation that closed on 21 April 2026. It asked about letting couples with children under 16 use the simplified procedure when there's no dispute about the children, and about the Scottish Law Commission's proposals to change the rules for cohabitants who separate (Scottish Government). When we checked in October 2026, the law hadn't changed, so the rules above still apply.
Where can I get help with a divorce in Scotland?
- Law Society of Scotland: find a solicitor, including accredited family law specialists. Solicitors in England can't usually advise on Scots law.
- Scottish Legal Aid Board: check whether you could get legal aid.
- Relationships Scotland: family mediation and child contact centres. Its InfoLine is 0345 119 2020.
- Citizens Advice Scotland: free advice on money, benefits and housing.
- Scottish Courts and Tribunals Service: the official forms and guidance notes.
- Our directory, filtered for Scotland.
If you're not safe, call 999. Scotland's Domestic Abuse and Forced Marriage Helpline is free and open 24 hours on 0800 027 1234. Breathing Space is there in the evenings and at weekends on 0800 83 85 87, and Samaritans any time on 116 123.
Want someone to talk it through with?
Tell us what's going on and we'll point you to people who can help in Scotland. The introduction is free, and they'll tell you their fees before you agree to anything.
Get matchedCommon questions
Can I get divorced in Scotland without a solicitor?
Yes, if you can use the simplified procedure: you're relying on one or two years' separation, you have no children under 16 and there's nothing about money or property for the court to decide. The sheriff court fee is £156 from 1 April 2026.
How long do you have to be separated to divorce in Scotland?
One year if your spouse agrees to the divorce, or two years if they don't. You can also divorce on the basis of adultery or behaviour without waiting for a period of separation.
How much does a divorce cost in Scotland?
The sheriff court fee is £156 for a simplified divorce and £191 to start an ordinary divorce, from 1 April 2026. The fees rise to £160 and £196 on 1 April 2027. Solicitors' fees are extra, and you may not have to pay the court fee if you get certain benefits.
What is the relevant date in a Scottish divorce?
It's usually the date you separated, or the date the divorce papers were served if that was earlier. Property acquired during the marriage up to that date is matrimonial property, and it's generally valued at that date.
Does English divorce law apply in Scotland?
No. Scotland has its own divorce law and courts. The no-fault divorce rules that began in England and Wales on 6 April 2022 don't apply in Scotland.
Sources
- legislation.gov.uk, Divorce (Scotland) Act 1976, section 1
- Scottish Courts and Tribunals Service, Simplified (do-it-yourself) procedure
- Scottish Courts and Tribunals Service, Sheriff court fees from 1 April 2026
- legislation.gov.uk, Sheriff Court Fees Order 2026 (SSI 2026/74), schedules 1 and 2
- legislation.gov.uk, Court of Session fees 2026 (SSI 2026/80), schedule 1
- legislation.gov.uk, Family Law (Scotland) Act 1985, section 10
- legislation.gov.uk, Family Law (Scotland) Act 2006, section 28
- Scottish Government, Family law consultation (closed 21 April 2026)
- mygov.scot, Divorce and dissolution
Keep reading
This guide is general information about divorce in Scotland, not legal or financial advice. Laws, fees and figures change, so check the sources above and speak to a solicitor in Scotland about your situation. Facts checked 20 October 2026.