Splits more straightforward in Scots law

THERE are a number of legal differences between Scotland and England and Wales around divorce.

In Scotland, it is possible to apply for divorce due to an ‘irretrievable breakdown’ within the first year of marriage.

However, in England and Wales you must have been married for at least one year.

Since 2006, it has been possible for Scots couples to divorce after one year of living apart, as long as one party consents. If they do not, an application can be made after two years apart without a spouse’s say-so.

In England the law still states that a pair must live apart for two years with consent and five years without consent – as in the case of Tini Owens.

Courts in Scotland, unlike in England and Wales, do not have to rubber-stamp formal agreements (known in Scotland as Minutes of Agreement or Separation Agreements) made by the couple involved and resolve the issues arising from their separation.

Instead, a simplified divorce procedure can be used where financial issues are resolved, there are no children under the age of 16 and either of the separation grounds applies. This process is considered more straightforward and much less expensive than the traditional method used south of the Border.

Debbie Reekie, senior solicitor in BTO Solicitors’ Family Law team, said: ‘The issue of “non-fault” divorce has been a hot topic in England in recent times with thoughts that England lags behind many other countries who have a non-fault system, like Australia and Scotland.

‘It seems archaic to apply a legal test which was put in place over 40 years ago and which no longer fits the fast-paced realities of modern life.’