Breaking up from a marriage often takes an emotional toll on a couple’s life. But, you cannot let that harm your legal proceedings. Hence, it is essential that you know the guidelines of the divorce laws of your state.
Acquiring information about the ins and outs of divorce rules in Scotland will also help you while appointing a divorce solicitor in Glasgow. Here are some of the standard rules that one must adhere to while filing a divorce lawsuit.
Rule#1: Grounds to pledge a divorce
4 ground rules are there in Scotland. Fulfilling any one of the following will make a strong case for your divorce:
- Separation of one year; also, the divorce must be a consensual endeavour of the couple.
- If the couple is in separation for two years without the consent of the spouse.
- Unreasonable behaviour; this category does not have any specific criteria.
Divorce lawyers Glasgow say that most divorces in Scotland take place on those ‘separation’ grounds.
However, one should note that the reason for divorce isn’t a determining parameter for settlements. That is, if you think that your spouse has ‘wronged’ you, you’re up for a favourable settlement; this is not the case.
Rule#2: Options for dispute resolution
Different methods to resolve disputes are available to couples seeking a divorce. This especially holds for people who have children together. An efficient divorce solicitor Glasgow will advise you with the following options in this regard:
- Collaborative law
This law practice involves lawyers who are experts in collaborative law from each side. Henceforth, both parties will meet their solicitors to proceed with a formal process to reach a ‘binding agreement’ between the two parties.
An expert mediator facilitates open discussions to reach an agreement that is acceptable by both your spouse and you. This helps in saving time as well as money. That’s because formal legal proceedings are more time-consuming and expensive.
- Solicitor-led negotiation
The divorce solicitor Glasgow conducts this process all by himself / herself. This happens especially when the parties don’t want to meet each other. Instead, they instruct their respective solicitors to lead the negotiations on their behalf.
Rule#3: Splitting of your assets
The divorce law in Scotland states that only the property acquired during the marriage years are taken into consideration. Nothing that belongs to you or your spouse from beforehand will be split.
Conversely, the law of England is a little different. There, assets which are acquired prior to a marriage are also a part of this deliberation procedure.
Rule#4: Do your research
It is immensely necessary that you choose a good solicitor for yourself. Do proper research on all the prominent divorce lawyers in Glasgow before meeting or hiring one. Get sufficient knowledge concerning their fee structure; that is, whether they operate on hourly charges or a fixed rate. If it’s the former, then make sure you don’t waste your money by unnecessarily telephoning your attorney – Save your questions for scheduled meetings with them.
Additionally, try to remain calm and maintain a cordial relation with your spouse. Doing otherwise would act as a liability during the legal proceeding – which is something you definitely want to avoid!