Divorce Rights in Scotland

Updated February 21, 2017

Divorce proceedings, as well as the rights that are afforded to each party in a divorce, differ depending on the country the divorce is filed in. For couples wishing to divorce in Scotland, it is important to get all necessary information for divorce rights, as well as the stipulations for making the divorce final.

Financial Rights

In Scotland, the courts usually do not award one spouse long-term financial entitlement, which means that alimony is not common. Children from the marriage will still receive the required monetary support through child support. In some cases, there is a period of time where the spouse with the most income will support the spouse who needs financial support, until the spouse reaches a state of independence.

Housing Rights

When a couple in Scotland files for a divorce, the judge may award one partner rights to the home that the couple shared, or the rights can be taken away from both partners. If both the husband and wife are still living in the home at the time of the divorce, both parties have rights to live in the house, even if the residence is being rented. If one partner has exhibited violent behaviour towards the other, the judge can order removal of that partner's housing rights.

Contact Rights

In divorce proceedings in Scotland, the parents do not have rights of contact with the children; this right actually belongs to the child. Couples are permitted to make their own arrangements for how long each parent will spend with the children on a weekly or monthly basis; if an agreement can not be reached, the parents will have to return to the courts for a judge to give a ruling on the matter. The decision on the matter will be based on the child's best interests, not those of the parents.

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About the Author

Tamiya King has been writing for over a decade, particularly in the areas of poetry and short stories. She also has extensive experience writing SEO and alternative health articles, and has written published interviews and other pieces for the "Atlanta Tribune" and Jolt Marketing. She possesses a Bachelor of Arts in English and is currently pursuing higher education to become a creative writing professor.