Even though divorce has become a common occurrence for many families, the breakdown of a relationship can be a painful and stressful experience for everyone involved, often necessitating particularly challenging adjustments. If you are planning on splitting from your spouse, we can help
How we can help?
The breakdown of a relationship is inevitably upsetting and emotional time. Divorce proceedings can become complicated as they develop, especially when there are children, money, or property involved. Which is why it’s so important that you appoint an experienced divorce solicitor to help you arrange your proceedings.
Our divorce lawyers at Neil Kilcoyne and Co. Solicitors are highly experienced in dealing with divorce cases, and will do everything in our power to secure the best possible outcome for you. We have an abundance of expertise and knowledge in all areas of family law, particularly divorce law, providing reliable compassionate service to all our clients.
If you want to apply for a divorce in Scotland, you must either prove that one of you is applying for a gender recognition certificate or that there has been an irretrievable breakdown of your marriage.
There are four ways in which you can prove there has been an irretrievable breakdown of your marriage, these are:
If you are the person applying for the divorce, then you are known as the pursuer. If your (ex) partner applied for a divorce against you, then you are known as the defender.
Divorce proceedings can become very complex when the defender does not agree to the divorce, or does not agree to the terms. These proceedings can become even more complicated if there are children under 16 involved, or you have property and assets in joint names.
Reaching a financial settlement is always a matter of considerable concern to anybody involved in divorce proceedings – as are custody agreements. Our Glasgow-based divorce lawyers have vast experience in negotiating satisfactory settlements for our clients.
There is no denying the breakdown of a marriage is an upsetting and emotionally triggering time. Whether you’re heading to court or trying to reach an amicable settlement with your partner, we can assist in reducing the harm and stress for you and your family during this challenging period.
In this time of need, there are many practical and legal issues that we will be able to support you with.
✅ Legal Advice and guidance
✅ Filing and handling paperwork
✅ Representation in court
✅ Mediation and negotiation — our divorce solicitors can help negotiate settlements on key issues such as child custody, spousal support, and division of assets. We can also represent you in mediation sessions, aiming to reach an amicable agreement without going to court.
✅ Financial arrangements
✅ Child Custody and support — we can assist in negotiating and formalising arrangements for child custody, visitation, and child support, prioritising the best interests of the children involved.
✅ Enforcement and modification — we can also help enforce court orders or seek modifications to arrangements if circumstances change after the divorce is finalised.
✅ Emotional support and advocacy
With our expertise, we can offer a comprehensive legal service that is centred on securing the best outcome for you, and any dependants you may have. You will find our divorce solicitors sympathetic and compassionate to the matters you’re facing, whilst supporting you with practical and clear advice, to help you feel confident in facing the issues and tough decisions put before you.
Family issues can have a huge impact on both yours and your family’s lives, so it’s understandable that you will want to know the consequences of any decisions you are considering. Whether you are married or in a civil partnership, we can deal in every aspect of family law.
Family mediation is an alternative method for resolving issues between couples who are divorcing or separating. Family mediation aims to improve communication between both parties and resolve conflict and disagreements on future arrangements.
In Scotland, parents are entitled to certain rights over their children, but they also have responsibilities they must uphold, too. Parental rights and responsibilities can be inherited, in light of the fact you are the child’s biological parents, or they may be granted to you through Court appointment.
A prenuptial agreement is a written contract that is signed by both parties which allows the couple to agree what happens to their finances and assets if they separate, divorce or die. They outline what will happen to certain assets in order to stop them from becoming matrimonial property.
A postnuptial agreement is useful as it allows couples to protect their assets in the event of a separation. It ensures that plans are made for how your property will be divided between the two of you. If a postnuptial agreement is not made, there is nothing to protect these assets from becoming matrimonial property.
Neil Kilcoyne Solicitors offers specialist and expert legal advice to people who are going through divorce and separation, marriage and relationship breakdowns. For a free telephone consultation, call us today.
In Scotland, the cost of a divorce varies depending on whether it is contested or uncontested. For a straightforward, uncontested divorce, legal fees typically range from £1,000 to £2,000, plus VAT and court fees, which are around £134 for simplified procedures. For contested divorces, costs can be significantly higher, often reaching several thousand pounds due to additional legal work and court appearances. It’s advisable to consult a solicitor for a more accurate estimate based on individual circumstances.
The time it takes to get a divorce in Scotland varies. For a simplified, uncontested divorce, it usually takes around 6-8 weeks after submitting the application, provided all documents are in order. However, if the divorce is contested or involves complex issues like child custody or significant assets, the process can take several months or even over a year. The specific duration depends on the complexity of the case, the court’s schedule, and how quickly agreements are reached.
In Scotland, you do not necessarily need a lawyer to get a divorce, especially for a simplified divorce, which applies to uncontested cases without children under 16 and minimal financial issues. However, for more complex cases, including contested divorces, or where children and significant assets are involved, it’s advisable to consult a lawyer. A divorce lawyer can provide legal advice, ensure proper documentation, and represent your interests, helping to navigate the legal process and protect your rights.