Simplified divorce: a quick guide

What is a simplified divorce?

A simplified divorce (sometimes called a “diy” or “quickie” divorce) is a straightforward and cheap way in which couples can obtain a divorce or dissolve their civil partnership. There is a ready to complete form available which one or both parties complete depending on their circumstances.

Who is eligible for a simplified divorce?

There are three key factors to be eligible to use the simplified process:-

There must not be any children under the age of 16;
There must not be any financial issues to resolve between you; and,
You must have been separated for 1 year and both consent to the divorce or 2 years in which case consent is not required. Or alternatively there is no time limit if one party has been issued with a gender recognition certificate after the date of the marriage or civil partnership.

In addition, you or your spouse / civil partner must be habitually resident for 1 year in Scotland or domiciled in Scotland at the point the application is made.

Will I need to go to court?

No. The case will be dealt with administratively without you ever needing to go to court. There is an however an affidavit in the form that requires to be sworn and signed in the presence Notary Public or Justice of the Peace and so you will need to meet with a Notary Public or Justice of the Peace