^{Separation & Divorce Solicitors in Aberdeen}

Expert Legal Advice from Local Family Law Specialists.

At XK Family Law Solicitors Aberdeen, we offer clear, compassionate, and expert legal advice for clients going through separation and/or divorce in Scotland. Whether your situation is amicable or contested, we can guide you through every stage of the legal process – from initial separation through to financial settlement and divorce.

What is Separation in Scotland?

In Scotland, separation occurs when a couple stops residing together as spouses or civil partners. Importantly, you can be considered separated even if you continue living under the same roof, as long as you no longer share a life as a couple (e.g. sleeping separately, no shared meals etc).

There is no formal court process required to be legally separated – it happens as soon as both parties consider the relationship has irretrievably broken down and stop living your lives together.

What is the “Relevant Date”?

The Relevant Date is the official date of separation. This date is crucial because it sets the point at which the value of matrimonial assets is assessed for division. Assets acquired after this date are generally not considered matrimonial property (unless jointly owned).

At XK Family Law Solicitors Aberdeen, we help clients establish the Relevant Date and assess the value of the overall assets. We can then assist with negotiating a fair division and preparing a legally binding Minute of Agreement (where possible).

Divorce in Scotland: Grounds for Divorce

To apply for a divorce in Scotland, you must show that the marriage has irretrievably broken down. This can be established on proof of the following grounds:

1. Adultery (committed by your spouse).
2. Unreasonable behaviour (by your spouse).
3. One year separated with both parties consenting to the divorce.
4. Two years separated with no consent from your ex required.

It should be noted, that although you do not require your ex to consent where you are two years separated, your ex can still oppose the divorce application.

Fixed-Fee Divorce

We offer transparent pricing and fixed-fee packages for uncontested divorces:

1. Simplified Divorce – £295.00 + court outlays

You can proceed by way of a Simplified Divorce if you:

• Meet one of the above grounds for divorce (above).
• Have no children under 16.
• Have resolved financial matters.

The simplified divorce process is fast and affordable, usually completed in 2-3 months, depending on the court’s workload.

2. Undefended Ordinary Cause Divorce – £995.00 + court outlays.

This option is required where:

• There are children under 16.
• Both parties agree on the divorce and financial arrangements (your ex does not oppose the divorce application).

We will prepare and lodge all court documents, including the necessary affidavits regarding child care arrangements, and manage the full process until divorce is granted (typically within 3 months).

Contested Divorce = Ordinary Cause Divorce

If there is a dispute over finances, property, or child arrangements, and you expect your ex will oppose the divorce application, you will likely require a contested (defended) Ordinary Cause Divorce.

In these cases:

• We prepare and lodge the Initial Writ and required paperwork with the sheriff court for warranting and thereafter service on your ex.
• If your ex-partner defends the action, the court will issue a procedural timetable.
• If child orders are sought, the court will schedule an Initial Case Management Hearing and a Child Welfare Hearing (usually dealt with at the same hearing).

These cases can vary significantly in complexity and duration. At XK Family Law Solicitors, we charge very reasonable hourly rates for contested divorces.

Why Choose XK Family Law Solicitors Aberdeen?

Clear communication , years of experience in Scottish separation and divorce law. Transparent and low fixed-fee packages for uncontested divorces. Best hourly rates in Aberdeen. Experienced solicitors with knowledge of Aberdeen Sheriff Court procedures.

Frequently Asked Questions

1. Can I get divorced in Scotland without going to court?
Yes – if your divorce is uncontested you may be eligible for a simplified divorce or an undefended Ordinary Cause Divorce, which usually requires no court appearance.

2. What’s the difference between separation and divorce in Scotland?
Separation means you and your spouse have stopped living together as husband and wife. Divorce is the legal process of formally ending the marriage. You don’t need to go to court to be separated.

3. How much does divorce cost in Aberdeen?
At XK Family Law Solicitors, a simplified divorce costs £295.00 + court outlays. An undefended divorce with children costs £995.00 + court outlays. See our up to date fees and packages here.

4. How long does it take to get divorced in Scotland?
Most simplified and undefended divorces take about 2–3 months. Contested divorces will take significantly longer depending on the complexity of your case (and your ex).

5. What happens if my ex disagrees with the divorce?
If your ex opposes a simplified divorce, the simplified divorce application will fail. If your ex opposes an Ordinary Cause Divorce, that was expected to be an unopposed Ordinary Cause Divorce, then it becomes a contested (Ordinary Cause) divorce. We will guide you through each step, including court appearances and negotiations.

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XK Family Law Solicitors Aberdeen – Expert Separation Solicitors / Divorce Lawyers.