How Much Does a Divorce Cost in Scotland?
Navigating the cost of divorce in Scotland can feel tricky. This guide is here to help, offering clear answers to your queries.
Each month, over 8,700 people visit our website for advice on handling a divorce, so you’re not alone.
In this straightforward guide, we’ll discuss:
- How to manage your divorce finances
- The laws surrounding divorce in Scotland
- Ways to save money on your divorce
- The process of starting over after a divorce
According to MoneyHelper, the average cost of a divorce in the UK was £14,561 in 2018, and due to inflation, this cost is only increasing.1 But don’t worry. We’re here to help you navigate your divorce in a cost-effective way.
So, let’s start to make sense of divorce costs in Scotland together.
How to save money on divorce fees
How to save money on divorce fees
Divorces are hard to handle, but the financial repercussions can make a bad situation feel even worse.
The solution? Understanding your next steps and exactly how much they’ll cost.
For only £5, JustAnswer offers a trial chat with an experienced divorce solicitor. They can help you navigate the process and save you from costly face-to-face lawyer fees.
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How much does a Scottish divorce cost?
The cost of a Scottish divorce depends on whether you use the simplified or ordinary procedure.
It will usually cost a lot less when you use the simplified approach because you will avoid the need to pay divorce solicitor costs.
Here are how some of the important Scottish divorce costs are broken down:
Ordinary divorce application – to apply for divorce using the ordinary procedure, you will need to either pay £159 to the Sheriff Court or you can pay £173 to the Court of Session.
DIY divorce application – to apply for divorce using the simplified procedure, you will need to pay £128 to the Sherrif Court or £134 to the Court of Session.
Minute for Decree – this is the document they officially finalise the divorce. It will cost £51.
Legal fees – this will only need to be paid when using the ordinary process. Depending on the work involved, they can cost hundreds to thousands of pounds.
These amounts are published on Money Helper but are subject to increases, so they could become more expensive depending on when you read this guide.
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Divorce Costs
Below is a concise breakdown of the various costs associated with divorce.
Understanding these expenses is essential for effective financial planning and decision-making throughout the divorce process.
| Category | Costs |
|---|---|
| Court Fees |
Filing for Divorce: £593 standard fee. Additional Applications: Financial orders or child custody arrangements. |
| Legal Representation Fees |
Fixed-Fee Options: For straightforward, uncontested divorces, with fees ranging from £500 to £1500 excluding VAT. Hourly Rate: Solicitor fees range from £150 to £400 depending on their experience and location. |
| Barrister Fees | For cases that go to court or require specialised legal advice. The cost of this will be completely dependent on your case and preferences. |
| Financial Advisor or Accountant Fees | For cases involving complex financial matters. The cost of this will be completely dependent on your case and preferences. |
| Valuation Fees | You may need to pay for property, business, or pension valuations as part of the financial settlement. The cost of this will be completely dependent on your case and preferences. |
| Out-of-Court Options |
Mediation: Some mediators charge per session (ranging from £50 to £200 per hour), while others may offer a package deal. Collaborative Law: Both parties hire solicitors, but agree to resolve issues without going to court. The cost of solicitors will vary depending on your preferences and case. Arbitration: Rates vary depending on case complexity, room hire, and arbitrator fees. |
| Indirect Costs | Time off work to attend court hearings or meetings with solicitors. Child maintenance costs. |
Are divorce laws different in Scotland?
Since April 2022, people wanting to divorce in England and Wales may state that the marriage has irretrievably broken down.
Divorce rights in Scotland are different.
A reason must be given to get a divorce, as outlined above, and the reason must be evidenced.
How to get divorced in Scotland
England recently (April 2022) reformed its divorce processes to allow couples to get divorced without giving a reason other than the marriage has broken down.
This is called a no-fault divorce and aims to reduce the blame culture within the divorce process to make things easier for all parties.
Worried About Divorce Finances?
Divorce can be complicated, especially when it comes to navigating the cost. One small error could lead to serious consequences.
But, the support of a good solicitor can help you to understand your next steps.
For a £5 trial, JustAnswer’s online divorce solicitors can help you understand your rights and guide you towards the best financial solution for you.
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Scottish divorce procedure
However, Scotland still follows a process where a reason must be given for the marriage breakdown, as confirmed here.
Couples can get divorced in Scotland when their marriage has broken down, and one of the following applies:
- One or both parties have committed adultery
- One party cannot be expected to cohabit with the other party due to their behaviour
- The couple hasn’t lived together for one year, and both want the divorce
- The couple hasn’t lived together for two years, even if one party doesn’t want the divorce
Be aware that reasons C and D are known as ‘no-fault’ divorces in Scotland.
If one of these reasons is true and can be proven, one party can petition for divorce in Scotland, providing they live in Scotland.
What are my options?
When you are getting divorced in Scotland, you have two options, namely:
- An ordinary procedure
- A simplified procedure, also known as a DIY divorce
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How long does it take to get a divorce in Scotland?
The time it takes to get divorced in Scotland is vastly different when using the simplified or the ordinary process.
Uncontested divorce Scotland
Couples using the simplified process, who have no reason to contest the divorce, can expect their divorce to be finalised within two to three months. This is faster than the rest of the UK.
Contested divorce Scotland
If you use the ordinary process, you should expect the divorce process to take one year or more. If the respondent and their solicitor contest the ordinary divorce, you should expect it to take longer.
As you can see, this MoneySavingExpert forum user took the DIY approach and divorced in under eight weeks.
Pension rights after divorce Scotland
When it comes to pensions and divorce, if you’re married and decide to divorce, your pension rights should be taken into account by the court.
Any pension values built up before marriage or since the date you separated don’t usually count.
However, anything built up during the marriage is taken into account.
Divorce Doesn’t Mean Financial Ruin
Legal advice can make all the difference when navigating the financial aspects of divorce, and affordable help is within reach.
Normally, the cheapest solicitors in the UK will put you back at least £130 per hour.
But, for a £5 trial, a divorce solicitor from JustAnswer can review your situation and provide personalised guidance. It’s a no-brainer!
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