Deciding whether to end a marriage or civil partnership

What to consider

There are financial and personal issues you should think through carefully before you make a decision about whether you want to end a marriage or civil partnership and which option you choose. 

Think and make plans about issues like:

• your personal safety and well being 

• whether you want the option of getting back together later

• where you'll live - who has the right to stay in a house you rent or own?

• how you'll support yourself financially as a single person

• any shared debts you have, like mortgages or cars

• how splitting up will affect your benefits

• who will look after any children and how contact will be arranged

• financial support (maintenance) you will have to pay for children

• financial support you may have to pay your partner until you're divorced or the partnership is dissolved

• any ongoing communication you might need to have with your partner

• how you'll pay for a divorce or the option you choose

• how splitting up would affect your immigration status. 

You should get help from specialist organisations that can help you talk through some of these issues. You might be able to agree things without going to court, or before you go to court, which might be cheaper and less stressful. 

If you feel unsafe or think you are in an abusive relationship, you should get specialist support about domestic abuse. 

If you're not a British Citizen

If you're not a British Citizen and your marriage ends, this could affect your right to stay in the UK.

You should get advice from an experienced immigration adviser. Your local Citizens Advice Bureau should be able to help.

Your options 

You could decide to:

• try to repair the relationship

• separate informally, without going to court 

• separate by drawing up a separation agreement 

• get a divorce or dissolve your civil partnership.

Some people may also be able to get a decree of nullity or annulment if the marriage wasn't legal under Scottish law. For example, if one of you was under 16.

Get legal advice

It's important to get legal advice about your options and how your financial situation will be affected.

You should look for a solicitor who does family law. 

Using a solicitor can be expensive. If you're on a low income, look for a solicitor who does legal aid work. 

A solicitor can help you reach agreements out of court if that's what you want. Some are also trained in family mediation. 

You can search for solicitors on the Law Society of Scotland website. 

Other sources of support and advice

This isn't a full list of support. There might be local organisations and support groups available to you. 

Next steps

You can find out more about: 

• separating in a marriage or civil partnership

• getting divorced

• ending a civil partnership.

If you think you need an annulment because the marriage isn't legal, you'll need to use a solicitor.