Do You Have to Be Separated Before Divorce in Scotland?

For the most common divorce routes in Scotland, yes — you need either 1 year or 2 years of separation before you can file. The only exceptions are the fault-based grounds (adultery and unreasonable behaviour), which have no separation requirement but come with significantly more complexity.

The Two Separation Grounds

1-year separation with consent: You and your spouse have lived apart for at least one continuous year, and your spouse agrees to the divorce in writing by signing the consent section of Form CP1. This is the most commonly used ground.

2-year separation without consent: You've lived apart for at least two continuous years. Your spouse's agreement is not needed — you file using Form CP2. This is typically used when a spouse refuses to cooperate or can't be contacted.

Both grounds qualify for the Simplified Procedure, which is the cheapest (£156) and fastest (6–10 weeks after filing) path to divorce in Scotland.

When Does Separation Start?

The date of separation is when you and your spouse stopped living together as a married couple. This doesn't necessarily mean the day someone moved out — it's the date you ceased functioning as a domestic unit.

This date is critically important for two reasons:

1. It starts your eligibility clock for the 1-year or 2-year ground
2. It becomes the "relevant date" under the Family Law (Scotland) Act 1985, which freezes the valuation of all matrimonial property at that point

Living Apart Under the Same Roof

You don't have to physically move into separate homes. Scottish courts recognise separation under the same roof if you can demonstrate separate households:

• Sleeping in different rooms
• Shopping, cooking, and eating independently
• Splitting household bills separately
• No longer presenting as a couple to friends, family, or government bodies
• Not taking holidays together

For an ordinary procedure divorce, you'll need a third-party witness who can confirm these arrangements. For the simplified procedure, your own sworn affidavit is sufficient.

The Reconciliation Rule

Scotland allows reconciliation attempts without permanently breaking the separation timeline. Under Section 2(2) of the Divorce (Scotland) Act 1976:

• You may resume living together for up to six months total across multiple attempts
• The reconciliation days are deducted from your separation period — they don't count toward the total
• If any single reconciliation period exceeds six months continuously, the entire separation clock resets to zero

Example: You separate in January 2025 and reconcile for March and April (2 months). Your legal separation by January 2026 is only 10 months, not 12. You'd need to wait until March 2026 to hit the 1-year mark.

This rule means keeping track of exact dates matters. If you've had any periods of reconciliation, calculate your net separation time carefully before filing.

The Fault-Based Alternative

If you can't or don't want to wait for the separation period, adultery or unreasonable behaviour grounds have no waiting requirement. But they come with trade-offs:

• Only available under the Ordinary Procedure (£191+ in fees, 12–16 week timeline)
• Require corroborating evidence from a witness
• More complex paperwork (Initial Writ instead of a standard form)
• Can escalate conflict if your spouse feels attacked

For most couples, waiting for the 1-year separation milestone and using the simplified procedure is faster and cheaper in practice than pursuing a fault-based divorce through the ordinary route.

The Scotland Divorce Filing Process Guide includes a separation date calculator worksheet that accounts for reconciliation deductions and tells you exactly when you'll be eligible to file.

See more Scotland guides →