Dundee Family Lawyer

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'Quickie' Divorce in Scotland

Celebrity divorces are nothing new, but two rather different high profile divorces have caught the headlines in recent weeks. X Factor judge Cheryl Fernandez-Versini is parting from her French husband of 18 months, Jean-Bernard. The location of the wedding, the Isle of Mustique, is said to be posing difficulties for the separating couple as it only allows a divorce after three years of marriage, except in cases of ‘exceptional hardship’.

On the other hand, Match of the Day presenter and former England striker, Gary Lineker, has experienced a much more straightforward procedure. Lineker is splitting from Danielle Bux, who he married in 2009. He had previously been married to Michelle Cockayne, who he had four children with, for 20 years.

What is most notable about this split is that the couple decided to use the ‘quickie’ divorce procedure. As the name suggests, this process is fast, cheap and only requires minimal involvement from lawyers and the courts. Some journalists expressed surprised that such a wealthy couple – Lineker is estimated to be worth £30 million – would opt for this procedure rather than the traditional court based divorce.

The Lineker – Bux divorce also contrasts with the usual celebrity separation as it appears to be an amicable and good-natured parting. Lineker’s statement said, ‘Thank you all for your kind words. Danielle Bux and I had many wonderful years together. We remain very close and the greatest of friends.’ Bux responded with, ‘We have shared the most incredible eight years that I will always cherish. We will remain the best of friends.’

Various newspapers have suggested that the separation was due to Lineker not wanting to have any more children at the age of 55.

Divorce is invariably an incredibly difficult time, but this case has highlighted that if both parties can work together, communicate and come to an agreement, then a divorce can be relatively inexpensive and can be quickly wrapped up.

How Do You Get a ‘Quickie’ Divorce in Scotland?

Scotland has a different process for ‘quickie’ or DIY divorces than England and Wales. This procedure is known as the Simplified Procedure, and it is only available to couples who have no children under the age of 16, are applying for divorce on the basis on non-cohabitation and who can agree on the financial matters. If your situation is more complicated that this, you would need to follow the Ordinary Procedure.

To divorce you will need to prove that your marriage has ‘irretrievably’ broken down. This can be shown by non-cohabitation for one year if both parties consent to the divorce, non-cohabitation for two years, unreasonable behaviour (such as alcohol or drug abuse) or adultery. In Scotland, most couples will divorce on the basis on non-cohabitation.

If you have agreed about the financial matters, your divorce can proceed undefended, and this removes the need to go to the Sheriff Court to settle who will get what.

The more that you and your partner can co-operate and come to an agreement, the quicker, more straightforward and cheaper the divorce can be.

Divorce Lawyers Dundee

Contact our friendly team to find to find out you can minimise stress, pain and expense with a ‘quickie’ divorce. We handle every enquiry with confidentiality and fight hard to protect our client's interests.

Family Law Dundee is operated on behalf of Kathleen McCarthy. Kathleen is an approachable and highly experienced family solicitor who does all she can to protect her client’s interests.

Call us on 01382234348 or contact us online.

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