[New] Making the break – divorce for families in Scotland

It’s not a happy fact, but each year thousands of couples in Scotland make the decision to divorce. The end of a marriage is a difficult and stressful time for them and there are a lot of things that need to be sorted out. However, with the right help and advice it does not have to be as complicated or costly as you might think. Here, we want to help families who are starting this difficult journey with some expert advice to make the process smoother for all of you.

Kids come first

Divorce is hard on kids, but they will likely already be aware of problems, so it’s best to be honest with them as soon as you can. Take time to explain what’s happening, if you can do this together as a couple, it will be easier for the child to understand. Be positive and reassuring – they need to know that they are still loved and many things will remain the same for them.

One of the first and most important things to agree is is who will look after the children. In many cases, parents arrange for kids to spend an equal amount of time with each parent.

If you can’t come to an amicable agreement on this, you can ask the court to decide. The courts will generally view that children should maintain contact with both parents, unless there is a strong reason to suggest that isn’t best for them.

Let people know

Apart from speaking to close family and friends to advise them of your break up, there are some practicalities that you should sort out sooner rather than later. If you have joint accounts, you may wish to close these accounts or transfer them into the name of one of you.

You might also need to get in touch with your landlord, insurance companies, tax office, mortgage lender and gas, electricity and telephone companies to inform them of your change in circumstances. Make a list and do this all in one session if you can – it will be easier to get these conversations out of the way to start to move on.

Make financial arrangements

While you are married, couples are legally obliged to provide financial support for each other. So you may be entitled to money called aliment from your partner while you are separated and the divorce proceedings are ongoing. Again, if you can agree financial arrangements ahead of court proceedings, this will make for an easier divorce.