Divorce is the legal dissolution of a marriage by a court or the competent body. To get a divorce in Edinburgh, capital of Scotland (UK) certain divorce laws are being established on the ground of which one can file a divorce case against his/her partner. All the details regarding filing a divorce case in Edinburgh are discussed below.
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Who can get a Divorce in Edinburgh?
- To get a divorce in Edinburgh (Scotland) couple should meet the residence rule i.e. either the partners or at least one of them should be the resident of Scotland.
- The couple should have a marriage that’s recognized as valid in the UK.
Grounds For The divorce
In Edinburgh (Scotland) there are 4 grounds for the divorce which are:
- One year’s separation and your spouse consent to the divorce.
- Two years of separation without consent to the divorce.
- Adultery
- Unreasonable behaviour-there is no fix criteria as to what constitutes this.
How to File Divorce Case?
- If both the couple agrees on all the issues regarding their separation before applying for the divorce, the divorce application is then undefended. It means neither of the party will have to go to the court to give evidence for divorce. They will need a solicitor to draft and submit an application for them.
- If the couple doesn’t agree then the court will resolve the issue. And there is solicitor representation on both sides. This is a costly process.
There are 2 ways to apply for the divorce:
- Simplified Procedure: This is also called DIY Divorce. You apply to the Sheriff Court for DIY Divorce using appropriate for and pay fees. The forms are available online on Scottish Court Website.
- Ordinary Divorce: If you are applying for the divorce then you are called pursuer and your ex-partner is called defender.
The defender has to decide whether they agree to all your suggestions regarding children, money and property.
Legal fee in such divorce are very high.
Legal Cost for Divorce in Edinburgh (Scotland).
The cost of divorce can vary, depending on the condition of the case. It also depends upon you and your partner’s income, capital and how reasonable Scottish Legal aid Board thinks it is to give you help.
In some cases, Solicitors offer client fixed price package. If not then they charge based on the time they spend on your case, including meetings, emails, phone calls and court representation.
TOP 3 DIVORCE AND FAMILY LAW SOLICITORS IN EDINBURGH
1.DONALD WRIGHT
Since 1989
WATERMANS LEGAL – Separation Process, Division of Assets and Contact Arrangements for Children, Divorce, Relocation, Financial Settlement, Pension Sharing, the Family Home, Cohabitant Financial Claims, Civil Partnership, National & International Service
Donald Wright expertise in several legal areas such as financial and property aspects of divorce, commercial property and residential property. He represents clients for both office-based legal work and civil court appearances. The team continue to deliver a wide range of services and provided a professional and confidential service to all clients. Watermans Legal caters free instant online valuation in just 60 seconds.
Registration SC578203
Price: Fixed Fee: £99 for Initial One Hour Appointment
0131 467 5566
2. CATH KARLIN FAMILY LAW
Queen Street, Edinburgh.
Since 1993
Divorce and Separation, Child Law, Residence and Contact Order, Child Custody and Relocation, Child Abduction and Support, Division of Assets, Matrimonial Property, Prenuptial or Cohabitation Agreement, Post Civil Partnership, Divorce, Surrogacy & Separation
Cath Karlin specialises in family law and expertise extends to all areas. She believes in a holistic approach and would always recommend collaborative practice or mediation as the preferred means of dispute resolution. Cath is charging for time-based on the hourly rate and fixed fees.
Price: £249 + VAT for Initial Meeting Fixed Fee Package
3. RACHAEL KELSEY
18 George Street, Edinburgh.
Since 2008
SKO FAMILY LAW – Cohabitation Contracts, Civil Partnership and Dissolution, Financial Provision and Claims, Ex-Partner Divorce and International Family Law Advice, Residence and Contact Issues, Adoption, Parental Responsibilities and Rights, Surrogacy and Art, Gender- Recognition and Equal Treatment, Mediation, Paternity, Relocation & Abduction
Rachael Kelsey has a particular interest in the issues that arise when acting for individuals in same-sex relationships. She is experienced to handle international or intra-UK jurisdictional issues. Rachael has cases in both the Court of Session and the Sheriff Court. She also provides expert opinions on Scots law for courts out with Scotland.
Registration SC347503
