The early part of the year is often the busiest for family lawyers in Scotland, and indeed the whole of the UK. New no-fault divorce laws introduced last year could push the numbers to a new high in England and Wales but will this be the same for Scotland? We look at the factors that influence the divorce statistics north of the border.
Scotland divorce statistics
According to an article in the Scottish Daily Express from January 2022, there was a 22% rise in search engine queries for ‘argument with husband’ – an interesting indicator of how people are viewing their marriages. Statista also reported that following 2006, divorce rates in the country have been steadily falling, however, 7.8 thousand divorces took place in Scotland in 2019, representing an increase of 501 from the previous year. In another report, the Scottish Government revealed that the number of divorces granted in 2019-20 was 7% higher than in the previous year/period. This indicates a marked increase in recent years compared to the previous years.
Why do couples file for divorce at this time of year?
It is common knowledge that couples regularly split following the Christmas period when families have spent a significant amount of time together. The first Monday of the year is often dubbed as one of the busiest for law firms dealing with family matters. There is also a trend for divorces to begin following summer holidays too. It seems that spending more time with spouses over an extended period, creates a possible breeding ground for unresolved marital matters. It can also ignite family arguments, disagreements about raising you children, problems with extended family members and holiday commitments. The list is endless but the
The pandemic’s influence on divorce
There has been plenty of coverage on the cabin fever factor that the COVID-19 pandemic gave rise to for many married couples. Lockdowns were unexpectedly imposed on families across Scotland without much warning. This led to financial uncertainty, unusual amounts of time spent together and an ability to do new activities. The Sunday Post highlighted that family lawyers in Scotland experienced a 70% soar in divorce inquiries compared to pre-pandemic numbers.
Getting a divorce in Scotland.
Much has also been said about the new no-fault divorce laws bumping up figures in England and Wales’s. The new Divorce Dissolution and Separation Act allows for the removal of blame or fault during divorce proceedings, to path the way for a more amicable split. Couples can now jointly cite ‘irretrievable breakdown’ as a reason for their divorce. This sole divorce ground applies in Scotland too.
How the divorce process works in Scotland:
In Scotland, you can take the typical divorce route or have a DIY divorce. In both cases, you will need to demonstrate the irretrievable breakdown of marriage. If you are doing it yourself, you need to pay a fee and apply to the sheriff court. If you are taking the traditional route, you will be named ‘the pursuer’ and your spouse, ‘the defender’. If you are in agreement on matters, for example, property, finances and children, the case is known as undefended, otherwise, it is defended. Note that there are two grounds for divorce in Scotland: firstly, irretrievable breakdown of the marriage and secondly, if a Gender Recognition Certificate has been obtained by the parties.
Conclusion
For the time being, the factors behind the increase in divorce rates in Scotland at the start of the year appear to be fuelled by the aftermath of intense holiday periods together. Lockdowns have likely had an impact too, and with more economic uncertainty, the stats look set to rise once more.
