Divorce with Children in Scotland: Filing Steps and Requirements

If you have children of the marriage under the age of 16, you cannot use Scotland's Simplified Procedure. Your divorce must go through the Ordinary Procedure — even if you and your spouse agree on everything. This is a safeguard: the Sheriff needs to review the arrangements for your children before granting the decree.

Why the Ordinary Procedure Is Mandatory

The Simplified (DIY) Procedure is restricted to cases with no dependent children, no financial disputes, and no complexity. Children under 16 automatically disqualify you, regardless of how amicable the separation is.

"Children of the marriage" includes:

• Biological children of both spouses
• Adopted children
• Children who have been "accepted into the family" — a child of one spouse who has been treated as a child of the family by the other

Filing an Undefended Ordinary Divorce with Children

If both spouses agree on the divorce and the arrangements for the children, you can file an undefended ordinary divorce. This is more complex than the simplified route but still doesn't require a court hearing.

Step 1: Draft the Initial Writ

The Ordinary Procedure has no standard fill-in form. You prepare an "Initial Writ" — a formal legal document setting out:

• The grounds for divorce (separation, adultery, or unreasonable behaviour)
• Details of all children under 16
• The proposed residence and contact arrangements
• Whether financial matters have been resolved (ideally via a Minute of Agreement)

Step 2: Lodge with the Sheriff Court

File the Initial Writ with the Sheriff Court in your district and pay the £191 lodging fee. The court serves your spouse with a copy.

Step 3: Wait for the Response Period

Your spouse has 21 days to decide whether to defend the action (42 days if they're outside Europe). If they don't file a Notice of Intention to Defend, the case proceeds as undefended.

Step 4: Lodge Affidavits

This is where the Ordinary Procedure differs most from the simplified route. You must submit sworn affidavits from:

1. The pursuer (you) — confirming the facts of the divorce and the proposed arrangements for the children
2. An independent corroborating witness — someone who can verify the state of the marriage and confirm the children's welfare arrangements are appropriate

Both affidavits must be sworn before a Justice of the Peace or Notary Public. The court charges an £82 fee for lodging the affidavits.

Step 5: Sheriff Review

The Sheriff reviews the affidavits and the proposed child arrangements. If satisfied that the children's welfare is adequately provided for, the Sheriff grants the decree. No hearing is needed.

The Extract Decree of Divorce is issued 14 days later.

What the Sheriff Looks For

The Sheriff's primary concern is the welfare of the children. The arrangements section of your Initial Writ should address:

• Where the children will live (with which parent, or shared)
• Contact arrangements (how often the other parent sees the children)
• Schooling (will the children stay in their current school?)
• Financial support (child maintenance — usually arranged through the Child Maintenance Service, not the court)

You don't need a formal parenting plan document, but your affidavit should demonstrate that both parents have considered these arrangements and the children's daily life won't be disrupted.

Cost Breakdown

If service by post fails and you need a Sheriff Officer: add approximately £130.

Future Reform

The Scottish Government has been consulting on extending the Simplified Procedure to cover undefended cases with children under 16. If enacted, this would allow parents who agree on child arrangements to use the faster, cheaper simplified route. As of 2026, this reform hasn't been legislated.

The Scotland Divorce Filing Process Guide covers both the simplified and ordinary procedures, with guidance on drafting the children's arrangements section and preparing the corroborating witness affidavit.

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