How to File for Divorce in Scotland

Scotland operates a completely separate legal system from England and Wales, with its own courts, forms, and procedures. If you've been searching for how to file, you've probably landed on GOV.UK guidance that doesn't apply north of the border. Here's what actually happens when you file for divorce through the Scottish courts.

Choose Your Procedural Track

Scotland has two divorce pathways, and the court decides which one you must use based on your circumstances — not your preference.

Simplified Procedure (the DIY route) is available if all of these are true:

• No children of the marriage under 16
• No outstanding financial claims or property disputes
• You're relying on separation grounds (1 year with consent or 2 years without)
• Neither spouse has a mental health condition affecting capacity
• No other court proceedings affecting the marriage in any country

If any of those conditions isn't met, you must use the Ordinary Procedure. This applies to most divorces involving children under 16 or unresolved finances, even when both spouses agree.

The Simplified Procedure Step by Step

1. Download the correct form from the Scottish Courts and Tribunals Service (SCTS) website. Form CP1 is for 1-year separation with consent. Form CP2 is for 2-year separation without consent.

2. Gather your documents. You need your original Extract Marriage Certificate (not a photocopy). If you married outside Scotland, attach a certified English translation.

3. Swear the affidavit. The form contains a built-in affidavit. You must sign it in person before a Justice of the Peace (free at any Sheriff Court) or a Notary Public (typically £20–£50).

4. Post or deliver everything to the Sheriff Court in the district where either you or your spouse meets the 40-day residency rule. Include the completed form, marriage certificate, and the court fee of £156 (Sheriff Court) or £162 (Court of Session).

5. The court serves your spouse. The Sheriff Clerk sends the papers by recorded delivery. If postal service fails, you'll need to instruct a Sheriff Officer (£15 court fee plus around £115 for the officer).

6. Wait for the decree. If your spouse doesn't object within 21 days (42 days if they're outside Europe), the Sheriff reviews the papers and grants the divorce. The Extract Decree of Divorce arrives by post, typically 6–10 weeks after filing.

The Ordinary Procedure

This track has no standardised fill-in forms. You draft an "Initial Writ" — a formal legal document setting out the facts. If both spouses agree on everything (children, finances), you can file it as an undefended ordinary divorce.

The key differences from the simplified route:

• You need sworn affidavits from both yourself and an independent corroborating witness
• The court fee is £191
• The process typically takes 12–16 weeks
• You must set out arrangements for any children under 16

Even in an undefended ordinary divorce, many people use this pathway after signing a Minute of Agreement to settle finances first, then file the court paperwork themselves.

Can You File Online?

No. Scotland has no online divorce filing portal for DIY applicants. The SCTS "Civil Online" system is reserved for solicitors and small claims cases. You must print, sign, and physically post your divorce papers.

This catches many people off guard because England and Wales do have an online portal through HMCTS. Every "file online" result you see in search is for the English system — it won't work for a Scottish divorce.

What About Fees?

If you receive qualifying benefits (Universal Credit under the earnings threshold, Income Support, income-based ESA, or Pension Credit), you can apply for a fee exemption using the SCTS fee exemption form. This is a separate form from the English EX160, which doesn't apply in Scotland.

The Scotland Divorce Filing Process Guide walks through each step with worksheets, a fee exemption checker, and pre-filled examples showing exactly what to write on every line of the court forms.

See more Scotland guides →