There are different ways to apply for a divorce and the right one for you will depend on your individual and family circumstances. Our specialist Family Law team can advise you on your divorce options and support you through the whole process.
We offer fixed fee services for simplified procedure divorces and for uncontested divorces involving children under 16. The amount of work involved in negotiating other divorce proceedings depends very much on each client’s individual situation and factors such as whether the other party co-operates, the complexity of assets involved, arrangements for the children, and matters under dispute. Because of this, we charge for such work on a time basis.
Fixed fee services
- Simplified procedure – Sometimes referred to as a ‘quickie divorce’, this may be right for you if you and your spouse have no financial matters to resolve and there are no children of the relationship under 16. We offer a fixed fee service for a divorce under the simplified procedure, which involves the completion of the application for court and submitting it to court on your behalf and having the court application notarised (sworn on oath).
- Uncontested divorce involving children under 16 - If you and your spouse have reached an agreement regarding finances and care arrangements for your children under the age of 16, then we can represent you in your divorce proceedings in the Sheriff Court using our fixed fee service.
Simplified procedure process
Step 1: You will speak to someone from our experienced Family Law Team who will help you prepare the simplified divorce application.
Step 2: You will sign the divorce application. If the divorce is proceeding after one year’s separation with your spouse’s consent then the application will be sent to your spouse for them to sign as consenter. You will then be asked to attend an appointment to sign the document on oath witnessing your spouse’s signature.
Step 3: We will then submit the application to court and once decree of divorce has been granted we will send it out to you.
How long will a simplified procedure take?
Your case will usually take around 12 weeks.
Uncontested divorce process - with children under 16
Step 1: You will meet with one of our specialist Family Law Team members, who will discuss with you the divorce process and take details of your family arrangements. At this stage we will require your marriage certificate and your children’s birth certificates, as they have to be lodged in court.
Step 2: We will prepare the divorce application and an Inventory of Productions, which includes your marriage certificate and children’s birth certificates. We will then lodge these in court and obtain a warrant to serve the proceedings from the court. We will then arrange for these divorce papers to be served on your spouse.
Step 3: Three weeks from the date your spouse received the papers, we will prepare sworn statements from yourself and another person who can confirm the length of time that you have been separated and the care arrangements for your children. We will then lodge the necessary paperwork with the court and ask the court to grant decree of divorce.
Step 4: We will obtain decree of divorce and submit this to you.
How long will an uncontested divorce take?
Your case will usually take around 12-14 weeks.
Costs
We offer a fixed fee service for a divorce under the simplified procedure and for an uncontested divorce. More complex divorce arrangements will be charged at our hourly charge rate.
Fixed fee services
- Divorce under the simplified procedure: We charge £250 plus VAT for completing your application and obtaining divorce decree on your behalf where you have been separated for two years and £300 plus VAT where you have been separated for one year.
- Uncontested divorce with children under 16: We offer a fixed fee for an uncontested divorce. Our current fee is £850 plus VAT.
Services charged at an hourly rate
If it transpires from our discussions with you that matters are not as straightforward as initially thought, and a divorce under the simplified procedure or an uncontested divorce is not right for your individual circumstances then we will advise you of that. We would charge for our work on complex divorce matters on a time basis.
We will give you a written quote for the work at the start and keep you informed throughout about any ongoing costs or changes. Work will be carried out by a team member at a level appropriate for the complexity of the matter.
Additional third-party costs
- Divorce under the simplified procedure: There will be a court fee, which is currently £128.
- Uncontested divorce with children under 16: There will be additional Sheriff Court fees of £159 for lodging the application and £70 for the decree.
These fees may vary in line with increasing costs levied by the Scottish Courts Service and up-to-date information on fees is available at the Scottish Courts and Tribunals website.
There may also be additional costs involved in serving the divorce papers on your spouse by Sheriff Officers if the postal service is not effective.
Why Thorntons
Our expert team of Family Lawyers can provide you with legal advice and guidance on all your divorce and separation options, and how best to proceed for your circumstances. If an uncontested divorce or simplified procedure is right for your circumstances, we will handle the process for you and be on hand to help throughout.