We endeavour to resolve family disputes without resorting to litigation.
Entering into negotiations with solicitors acting for the other party and reaching agreement on the terms of a Separation Agreement is often less stressful for the client and the family as a whole. The Separation Agreement can amongst other things cover all financial affairs together with residency and contact (formerly known as custody and access) of children. This can also be considerably cheaper than running a contested divorce action in the courts.
Where the parties can reach agreement and enter into a joint Separation Agreement, then a Decree of Divorce can be granted 1 year after the date of separation provided the parties consent. Exactly the same principles apply to the breakdown of a civil partnership.
At times it will, however, become necessary to resort to court action where a satisfactory agreement cannot be reached. This can either be raised in the Sheriff Court or where necessary in more complex cases in the Court of Session.