You may be able to get a divorce in Scotland using a simplified procedure - a "do-it-yourself" method - if the divorce is not contested. It is a cheap and simple method. You can do what is necessary yourself or with free assistance from a Citizen's Advice Bureau (CAB) or Sheriff Clerk's Office at your local Sheriff Court.

You don't need a solicitor although you may consult one if you wish. First, check whether you qualify.

If you think you don't qualify, you may need to apply for a divorce in the ordinary way and you should consult a solicitor.

If you have any questions about what is involved or whether you qualify ask your nearest Citizen's Advice Bureau, Sheriff Clerk's Office (at your local Sheriff Court) or the

Court of Session,

Parliament House,

Edinburgh

EH1 IRQ

(Tel 0131 225 2595).

You may qualify for a "do-it-yourself" divorce if all the conditions below are met:

Scotland

You or your husband or wife must

either think of Scotland as your permanent home

or have lived in Scotland for at least one year immediately before you apply for divorce.

Your marriage must have broken down irretrievably because you and your husband or wife have lived apart

either for at least two years and your husband or wife will consent to the divorce in writing

or at least five years.

If you wish to apply for a divorce for any other reason, you should consult a solicitor or ask advice from your nearest CAB.

No children under 16

There must be no children of the marriage under the age of 16. This includes adopted children or children accepted into the family.

No money problems

Neither you nor your husband or wife may claim for any lump sum or maintenance payment. Think this over carefully and read the section headed Money before you decide. Divorce may result in the loss of certain property rights. You should seek advice about this if you are in any doubt.

No mental disability

There must be no sign that your husband or wife is unable to manage his or her affairs because of mental illness or mental handicap.

No other court proceedings

There must be no other court proceedings under way which might result in the end of your marriage.

You can only apply if money is not an issue at the time of the divorce. This means that neither you nor your husband or wife wishes to ask for:

maintenance (called periodical allowance) -a regular weekly or monthly payment of money

and/ora lump sum (called a capital sum).

This could be either because you have reached a voluntary agreement between yourselves regarding money or because you have both agreed on a clean financial break. Think it over carefully and if necessary seek advice on this question for a solicitor or CAB.

Your decision about a lump sum will be final once the divorce is granted. However, if your financial circumstances change after divorce, you may be able to get maintenance with the help of a solicitor.

You and your husband or wife must have lived apart

either

for at least two years and your husband or wife consents to the divorce in writing

or for at least five years.

This period must be completed before the application is made and must be without a break.

There is only one exception

If during the separation period you have lived together temporarily for not more than six months in all, in a final attempt to make the marriage work, you may still be eligible to apply for a divorce under the simplified procedure.

For example.

If during the separation period you have attempted a reconciliation for. five months then you must wait

either

two years and five months from the date of the original separation (and obtain the consent of your husband or wife)

or five years and five months from the date of the original separation

before applying for a divorce.

Is there a reasonable chance that you and your husband or wife can settle your differences and resume normal married live? If you are satisfied that there is now no possibility of your marriage succeeding, you must state on the application that there is no prospect of reconciliation and that you consider that your marriage has broken down irretrievably.

(Two year cases only) If you are applying for a divorce because you and your husband or wife have lived apart for at least two years, your husband or wife must also consent to the divorce - IN WRITING (a form is supplied for this).

(Five year cases only) If you are applying for a divorce because you have lived apart from your husband or wife for at least five years, your application would not be granted if it meant that your husband or wife would suffer grave financial hardship.

The proceedings can be stopped at any point before the divorce is granted if you change your mind, but you must tell the Court without delay.

Refund Of Court Fee

Once the application has been registered the court fee cannot be refunded.

You cannot claim from your husband or wife any out of pocket expenses you may incur under the simplified procedure.

Legal Advice and Assistance

You may be entitled to receive advice and assistance from a solicitor under the Legal Advice and Assistance Scheme.

In certain circumstances the Court may require a witness (not your husband or wife) to confirm the facts stated in your application. Should this need arise, the witness must be prepared to sign a form (called an Affidavit) before a justice of the peace, notary public or commissioner for oaths.

The cost of an application under the simplified procedure is £56.

An additional payment may be asked for if there are difficulties in posting forms to your husband or wife.

(Note: You may also have to pay a fee if you go to a notary public or commissioner for oaths to sign your affidavit. This service is free if you go to a justice of the peace).

If you qualify and wish to apply for a divorce:

complete the application form (and in some cases, ask your husband or wife to sign the consent form included and return it to you).

fill out an affidavit and sign it before a justice of the peace, (your nearest CAB local authority or District Court will help you to find one) or before a notary public or commissioner for oaths.

return the completed form and affidavit, your marriage certificate and the court fee to your local Sheriff Court.

Fuller instructions come with the application form. However, if you want advice, more information or help with the forms, contact your nearest CAB, Sheriff Clerk's Office or the Court of Session.

You should know in about two months whether your application has been successful.