Separation & Divorce in Scotland
Separation or divorce is never easy, but with the right legal support, you can make decisions that protect your future, your finances and your family. At Pomphreys Solicitors in Wishaw, we help clients across Lanarkshire navigate separation and divorce in Scotland with calm, clear and practical advice, every step of the way.
Understanding Separation and Divorce in Scotland
When a relationship breaks down, the legal steps you take depend on whether you’re married, in a civil partnership, or cohabiting. In Scotland, you can legally separate without divorcing, and many couples choose to agree matters informally or through a Separation Agreement before taking formal steps in court.
For married couples or civil partners, divorce or dissolution is the formal process of legally ending the relationship. The law allows you to apply for divorce on several grounds, most commonly after 1 or 2 years of separation, or due to unreasonable behaviour.
No matter your circumstances, the decisions you make around children, finances and housing can have long-term consequences. That’s why early legal advice is so important.
Legal Separation: What Does It Mean?
You don’t need to go to court to be considered “separated” in Scotland. Legal separation begins when a couple stops living together as husband and wife or civil partners and starts living separate lives, even if they remain under the same roof for practical reasons.
At Pomphreys, we help clients put in place a Separation Agreement to confirm their living arrangements, childcare responsibilities, and how money and property will be handled. This can make the eventual divorce process quicker, cheaper and less stressful.
Emotions Are Involved - But So Is Your Future
Divorce isn’t just about what’s happening now – it’s about making sure your financial and personal future is protected. That means thinking carefully about pension rights, property values, debt responsibilities, and the long-term care of children.
We take the time to listen to your concerns, explain your options, and help you make informed decisions at every step. We’ll provide you with practical advice that strikes a balance between fairness and realism, enabling you to move forward with clarity and confidence.
Divorce Process in Scotland: What to Expect
There are two main routes to divorce in Scotland:
- Simplified Divorce – a low-cost option available when there are no children under 16 and both parties agree to the Divorce and financial arrangements
- Ordinary Divorce – used when there are children under 16, disagreements about finances, or if the Divorce is being contested
We can advise you on which route is best suited to your situation and guide you through the steps involved.
Our service includes:
- Reviewing your personal and financial circumstances
- Preparing the appropriate court forms and legal documents
- Representing you in court, if required
- Advising on interim arrangements for children, support or accommodation
- Helping you negotiate financial settlements or property transfers
- Working alongside other professionals (e.g. mortgage brokers, mediators or pension advisers) where needed
We always aim to resolve matters as amicably and efficiently as possible, but we’ll also stand up for you if court proceedings are necessary.
Why Choose Pomphreys Solicitors?
At Pomphreys, we’ve helped individuals and families across Wishaw and Lanarkshire through some of the most challenging periods in their lives. Clients choose us because:
- ✅ We treat every client with respect, empathy and confidentiality
- ✅ We’re experienced in both negotiated settlements and court representation
- ✅ We focus on practical, cost-effective outcomes that work long-term
- ✅ We’re a local team with a strong reputation in Scottish family law
You’re not alone. We’re here to guide and support you, whatever your circumstances.
Take the First Step Toward a New Chapter
Separation is never easy, but you don’t have to go through it alone. Whether you’re thinking about divorce or already in the process, Pomphreys Solicitors will support you with clear advice and practical solutions. Contact us today to arrange a confidential consultation and start planning your future with confidence.
You may also be interested in:
- Financial Provision on Separation – to understand your rights around property and money
- Residence and Contact for Children – to arrange parenting time and care after separation
- Separation Agreements – to set out legal terms without going straight to court
❓ Common Questions About Separation and Divorce
📅How long do I need to be separated to get a divorce?
You can apply for divorce after 1 year of separation if both parties agree, or after 2 years if one party does not consent. Immediate divorce is possible in cases of unreasonable behaviour.
📝Do I have to go to court?
Not always. If both parties agree and use the simplified divorce process, no court appearance is required. For ordinary divorces, a solicitor can usually appear on your behalf.
🏠What happens to the family home?
The home may be sold, transferred, or one party may continue to live there. We’ll help you negotiate a fair solution that reflects contributions and needs.
