Children under 16 You'll need to say where children under 16 will live and who they'll live with, as well as the financial arrangements for their support. The court's main concern will be to decide what's in the best interests of the children. Children over 16 You might also need to address how you'll financially support older children. The duty to provide for a child usually lasts until a child is 18 or 19 if they're in full-time non-advanced education or up to 25 if they're in full time further education.
If you both agree to the divorce, the court will usually only need statements and details of the adulterous sexual relationship. If one of you doesn't agree to the divorce, proof will be necessary and this may be difficult and expensive to get. Living separate lives for one year and you both agree to the divorce If you have lived apart (been separated) for one year and you both agree to a divorce, a court will accept this as proof of irretrievable breakdown of the marriage. The one year of living apart will still be considered as continuous even if you've actually got back together for up to six months within that time.
When the divorce is based on irretrievable breakdown, the defender has to say why they don't agree that the marriage has broken down. There is likely to be a court hearing for a judge to decide whether the marriage has broken down irretrievably. Even if the court agrees that the marriage has broken down, it has to be satisfied that you've made satisfactory arrangements for any children. They may want to discuss arrangements about the children and possibly meet them if they are old enough. For more information about arrangements for the children, see Children at the end of a marriage. If the court agrees to grant the divorce, it'll issue a divorce certificate called an extract decree of divorce. What irretrievable breakdown of the marriage means There are two grounds for divorce: irretrievable breakdown of the marriage an interim gender recognition certificate has been obtained by one of you.
Undefended divorce procedure If you both agree to the divorce, the court will look at the paperwork that's been submitted by the pursuer's solicitor. It's likely to include a summons (or initial writ) and the sworn statements (affidavits) made by the pursuer and any witnesses. If you have children, the court will need to be satisfied that you've made satisfactory arrangements for them. The court may want to discuss the arrangements and possibly meet the children if they are old enough. A divorce which you both agree to can take up to six months if there are no children or money issues involved. It can take longer if children are involved and the court isn't satisfied with the arrangements being made for them.
Court orders if you can't agree childcare and contact A court will only make an order concerning children if it feels it's in the best interests of the children. A court can make orders about: who the child should live with - called a residence order or "custody" who the child should have contact with - called a contact order, including what sort of contact it should be and whether it should be supervised preventing something happening specific issues to do with the child's care.
There is more information about applying for a gender recognition certificate on the GOV. UK website. Help with the legal costs of a divorce You may be able to get help with legal costs depending on you and your partner's income, capital and how reasonable the Scottish Legal Aid Board thinks it is to give you help. If you do get help, in some cases you might have to pay some of the legal costs back, out of money or property you are given when the divorce comes through. This is called clawback. Make sure your solicitor explains clawback to you before you start the case.
You can make agreements about the children between you. If the court thinks the arrangements you've made are in the children's best interests it won't change them. If you can't agree, the court can make decisions to sort out a disagreement. Decisions made by the court are called orders. If you want help to agree childcare and contact The Scottish Government's 'Your Parenting Plan' is a guide to making practical arrangements for your children if you live apart. You could get help from a mediator or collaborative law practitioner to make arrangements about the children.