Divorce checklist and paperwork organiser (Scotland)
For anyone divorcing or separating in Scotland: matrimonial property, section 11 orders and a Parenting Plan, on A4. Here is a practical way to organise your papers so you, the other side and the judge can find everything quickly.
The quick version
- Keep every document in one binder, split into the sections below.
- Write down every date and deadline the moment you get it.
- Give each piece of evidence a reference and use it everywhere.
- Number the pages and keep an up-to-date index at the front.
Documents to gather
Gather these before you draft your property schedule or meet your solicitor. Tick each one off as you find it.
- Marriage certificate (official copy; translation if not in English)
- Photo ID and National Insurance numbers
- Evidence of residence in Scotland (domicile, or a year of habitual residence)
- Evidence of 40 days at your address, if using the sheriff court
- Evidence of the date you stopped living together (letters, tenancy or bank changes)
- Interim gender recognition certificate, if that ground is used
- Payslips, P60 and tax returns
- Business accounts, if either of you is self-employed
- Benefit award letters
- Household budget and expenses (for maintenance and legal aid)
- Bank, savings, ISA and credit union statements as at the relevant date
- Share and investment statements as at the relevant date
- Life policy surrender values
- Title deeds, or home report or valuation
- Mortgage statement and redemption figure as at the relevant date
- Valuations of vehicles and contents as at the relevant date
- Tenancy agreement and occupancy rights information
- Evidence of gifts, inheritances and pre-marriage assets
- Home insurance
- List of all pensions: private, workplace and public service
- CETV and PETV requests, and the results (allow up to 3 months)
- Marriage and separation dates supplied to each scheme
- Scheme statements and benefit statements
- State Pension forecast
- Mortgage, loan, credit card, overdraft and car finance statements
- Debts relating to property, as at the relevant date
- Council tax or energy arrears letters
- Legal aid contribution or clawback notices
- Children's names, dates of birth and where they live
- Parenting Plan or contact arrangements
- Section 11 orders, or the orders you are asking for
- Child Welfare Hearing papers
- Any child welfare reporter report
- Child Maintenance Service calculation or agreement
- School and health information
- Records of childcare and school costs
- Calendar of nights each parent has the children
- Your schedule of matrimonial property (not an official form)
- Initial writ or summons, or the simplified application
- Separation agreement drafts and signed copy
- Solicitor and mediator letters
- Court intimations, dates and deadlines
- Legal aid (SLAB) paperwork
- Extract decree of divorce, once granted
Dates and deadlines to track
- Date of marriage
- Date you stopped living together
- Relevant date (for valuing property)
- Separation agreement signed (if any)
- Application or initial writ lodged
- Papers served on the other spouse
- Child Welfare Hearing or court hearing
- Decree granted and extract received
Always use the exact dates in your court or tribunal letters and orders.
How to section your binder
What this binder is for
Case Ready is a document organisation and preparation tool that helps you present your case materials clearly. This edition is designed with reference to divorce and separation in Scotland, using Scottish Courts and Tribunals Service and mygov.scot guidance.
- Organise documents logically
- Keep materials in order
- Prepare for hearings and deadlines
What this binder is not
Case Ready:
- Does not provide legal advice
- Does not tell you what arguments to make
- Does not guarantee any outcome
If you need legal advice, speak to a Scottish family law solicitor, Citizens Advice Scotland or the Scottish Legal Aid Board.
How divorce works here
Scots law is different. The court grants one decree of divorce, with no conditional order, no final order and no 20-week wait. It must find that the marriage has broken down irretrievably.
- Breakdown is shown by adultery, behaviour, 1 year apart with consent, or 2 years apart without it.
- You can be separated under the same roof. Up to 6 months back together doesn't break the period, but doesn't count.
- Either spouse must be domiciled in Scotland, or habitually resident for a year. Sheriff court: 40 days at the address.
- Simplified divorce: no child under 16, no money claims, a sworn affidavit. Lodge with sheriff clerk or Court of Session.
- Ordinary action: a solicitor prepares an initial writ (sheriff court) or summons (Court of Session). No set form.
- A defender who disputes lodges a Notice of Intention to Defend. If breakdown is disputed, a hearing is likely.
- Undefended: the court reviews papers and affidavits. With a child under 16 it must be satisfied with the arrangements.
Undefended cases with no children or money issues take up to about six months (Citizens Advice Scotland); others take longer. An interim gender recognition certificate is a separate ground.
The money side
Money claims are made in the writ or summons under the Family Law (Scotland) Act 1985. Your solicitor will explain what details to exchange, and your own property schedule keeps them in one place.
- Gather your own schedule of property and debts at the relevant date, with valuations. It isn't an official form.
- The relevant date is the earlier of the date you stopped living together as a couple and service of the summons.
- Net value: the value at the relevant date, less outstanding marriage debts and earlier debts on the property.
- Matrimonial property covers what was acquired in the marriage, and a home or furnishings bought earlier for family use.
- Gifts and inheritances from third parties are excluded, and so generally are goods owned before the marriage.
- Life policies and pension rights relating to the marriage period are included.
- Special circumstances can justify unequal sharing: an agreement, the source of funds, or dissipation of property.
A solicitor can record your agreement in a minute of agreement. When granting divorce, a court can set aside or vary terms not fair and reasonable when made.
Pensions
The court can order regular payments, a lump sum or pension arrangements, and it considers both spouses' pensions. The value starts with the cash equivalent transfer value (CETV) at the relevant date.
- Ask each scheme for a CETV, and give it your marriage and separation dates.
- The CETV is apportioned to the marriage with the formula A x B / C, set by the 2000 pension regulations.
- SPPA schemes: active members need a CETV. Pensioners get a PETV, which is not apportioned to the marriage.
- Write to the scheme saying the request is for divorce, and allow up to three months.
- SPPA schemes: sharing makes the ex-spouse a credit member. The share stays in the scheme, paid at normal retirement age.
- To implement sharing, send the extract decree and the pension sharing order to the scheme, and pay its charges.
- Keep every request, reply and statement in Section F.
Take legal advice before you agree how pensions are treated. Check each scheme for its own forms and timings.
Children: orders and plans
The court's main concern is the child's best interests. It makes a section 11 order only if that is better for the child than making no order at all.
- Section 11 orders (Children (Scotland) Act 1995) cover parental responsibilities and rights, residence and contact.
- Residence is where a child lives (once called custody). Contact can include supervised contact.
- A specific issue order decides one question, such as education.
- Orders are sought in the initial writ or summons, or a separate action.
- Child Welfare Hearings are used where contact is disputed.
- The court can appoint a child welfare reporter, who reports on the child's best interests and seeks their views.
- All mothers have parental responsibilities and rights from birth. Not all fathers do.
Simplified divorce is not available if a child under 16 is involved. Follow the hearing dates in your court papers.
Children: mediation and maintenance
Family mediation is voluntary, and both of you must want to take part. A mediator can tell you whether your situation suits it.
- A mediator is independent and impartial. Mediation may be unsuitable where there has been domestic abuse.
- Providers named by mygov.scot: Relationships Scotland, CALM Scotland (0141 889 6244) and Scottish Mediation.
- A Parenting Plan is a voluntary agreement, not a court form. Use the gov.scot guide.
- Simplified divorce: under 16 covers own, adopted and stepchildren, and those treated as family. Not foster children.
- Keep any Child Maintenance Service calculation or agreement, and a record of what is paid and received.
- In a separation agreement, promises never to go to court or to the Child Maintenance Service are not valid.
- Record handovers, changes of plan, messages and costs with dates in the Parenting & Communication Log.
Legal aid may help with some mediation costs. SLAB normally considers accredited mediators only.
Terms used in this organiser
- Pursuer and defender: who raises the action, and the other spouse. In a simplified application you are the applicant.
- Decree of divorce: the court's order. The extract decree of divorce is the document that proves it.
- Relevant date: the earlier of separation or service of the summons. Matrimonial property is valued at that date.
- Net value: value at the relevant date, less outstanding marriage debts and earlier debts on the property.
- Minute of agreement: a written separation agreement made with a solicitor.
- Section 11 order: a court order about a child, such as residence, contact or parental responsibilities and rights.
- CETV: cash equivalent transfer value of a pension. PETV: the value for a pensioner member.
Parenting Plan: a voluntary written agreement, not a court form. Simplified procedure: the do-it-yourself route, with an affidavit.
Who this is for
Anyone divorcing or separating in Scotland who is sorting out money and children. It is general information, not legal advice. England, Wales and Northern Ireland have different law.
- In an emergency, call 999. Scotland's Domestic Abuse and Forced Marriage Helpline (24 hours): 0800 027 1234.
- Relationships Scotland (family mediation): 0345 119 2020, Monday to Friday, 9am to 5pm.
- Citizens Advice Scotland, the Law Society of Scotland solicitor search, Shelter Scotland (housing) and Parenting Apart.
- Legal aid is means-tested and can be clawed back from money or property you keep. Use the SLAB estimator for limits.
- Parenting Plan guidance: mygov.scot. Hard copy by email to YourParentingPlan@gov.scot.
- Court staff can't give legal advice.
Reform proposals for simplified divorce with children are consultation only and not law. Check current rules with your court or solicitor.
Hearings & practicalities
On the day of your hearing:
- Bring the copies you have been asked for
- Keep this binder with you
- Use it to find documents quickly
Judges, tribunal members and staff expect parties to be organised and to follow procedure.
Before your hearing
- Date you stopped living together noted, with evidence
- Relevant date worked out and written down
- Schedule of property and debts at the relevant date drafted
- Valuations and statements as at the relevant date gathered
- CETV requested for every pension, with marriage dates supplied
- Gifts, inheritances and pre-marriage assets evidenced
- Parenting Plan or proposed section 11 orders written down
- Child Welfare Hearing papers and any reporter's report to hand
- Child Maintenance Service details and payment records to hand
- Parenting & Communication Log up to date
Save time with Case Ready
Case Ready is a printable, fillable case binder for divorce and separation (Scotland): front sheet, dividers, key dates sheet, evidence index and more, with your case details on every page. Type into it on screen or print it at home.
This binder is a general organisational aid. Procedure varies by court, tribunal and case type. You are responsible for following the rules, orders and directions that apply in your case. Nothing in this binder is legal advice.