Divorce 101: Grounds For Divorce – Scotland (#6)

Divorce 101: Grounds For Divorce – Scotland (#6)

No. 6 – Grounds For Divorce (Scotland)

In Scotland, there are two grounds for divorce: irretrievable
breakdown of marriage
and transsexual gender recognition

Irretrievable breakdown of marriage

The first ground can be proved in one of four ways:

  • Adultery: This means your spouse has had full sexual
    intercourse with a person of the opposite sex.  You cannot use this ground if
    the respondent has had a sexual relationship short of intercourse, or if they
    have had a sexual relationship with a person of the same sex.  If this is the
    case, then you must rely on the ground of unreasonable behaviour (see below). 
    Also, if you ‘condoned’ or ‘connived at’ your spouse’s adultery, you cannot rely
    on this reason.  Condonation means you forgave your spouse by
    resuming married life after you knew about the adultery.  Connivance means
    encouraging the adultery (e.g., suggesting you both attend a ‘swingers’

  • Unreasonable behaviour: This means your spouse has behaved
    in such a way that you cannot reasonably be expected to live with him/her.  It
    can include persistent violence, insults, coldness, disgusting personal hygiene,
    inadequate sex – and more besides.

  • One year non-cohabitation where both spouses consent to divorce: Non-cohabitation means living separate lives and not living
    together as a normal married couple would.

  • Two years non-cohabitation where there is no mutual consent to the
    : This means that one party does not want to get

Transsexual gender recognition

To satisfy the second ground, you must be a transsexual who has an
interim gender recognition certificate
.  You can get an interim gender
recognition certificate by applying to the .

** Legal information & advice **

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