This is known as joint and several liability. We solve your legal problems. However, if your name is not on the mortgage and you want to stay in your home, you will need to keep up the mortgage payments. The location of the court can also depend on where the children live. If one party wants to divorce and the other doesn’t feel the same way, then a two year separation is required before the divorce can proceed. A court can make an order about a specific issue that a child's parents cannot agree about, for example, religious education. An ‘affair’ without penetrative intercourse will be insufficient to constitute adultery but may amount to ‘unreasonable behaviour’. Your local Citizens Advice Bureau should be able to help. There are two ways to get a divorce in Scotland: If you don't have any children under 16 and you agree about how to deal with your money and property you can use the DIY divorce procedure. Adultery is an historic ground for divorce but its scope is limited to an act of penetrative intercourse between one spouse and another person of the opposite sex (‘the paramour’). A pre-nuptial agreement will not be valid if one party was forced or tricked into making it, if its terms are too vague or it seeks to achieve an illegal result. If you don't agree about how you'll deal with your money or property, you need to use the ordinary divorce procedure. A joint tenancy means that all of the tenants named on the tenancy agreement are jointly and solely liable for the rent. There are organisations to help you reach agreements out of court. All rights reserved.Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. If you're applying for the divorce you're called the pursuer. If one of you is a sole owner or a sole tenant and the other partner leaves the home, they may have to go to court to enforce their rights to get back in. Mediation involves you working together with your partner and a trained, impartial mediator, to reach agreement. Goods acquired before the marriage belong to the person who acquired them. There's a summary of this information about ending a marriage in our fact sheet, Getting divorced in Scotland [ 280 kb]. It's likely to include a summons (or initial writ) and the sworn statements (affidavits) made by the pursuer and any witnesses. The main asset will usually be the family home. The form requires the date when you last lived together and any dates when you temporarily got back together. The issue of child maintenance is usually dealt with before matrimonial property. Check if a change affects your Universal Credit. For example, they may be particularly vulnerable or sensitive to certain behaviour that makes it unreasonable for them to continue to live with their spouse. If one of you doesn't agree to the divorce, evidence and details will be needed, for example, evidence from witnesses such as friends or medical evidence.
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