To divorce under the simplified procedure the ground for the divorce being relied upon is either separation after 1 year with consent or two years without consent as long as the other party doesn't defend the action. There should be no children under 16 and neither party applying for an order for financial provision.
The applicant will have to fill in a form giving the reason for the divorce and information to support it. If the ground for divorce is a one year separation with the agreement of the other party, Form SPA is used and the applicant will have to get the other party to sign a consent form. Form SPB is used if the ground for divorce is two years without agreement.
The facts stated on the form are sworn correct before a Notary Public or a Justice of the Peace who will sign the form, free of charge. The completed form, the marriage certificate and a fee (now £90 sheriff court, £100 Court of Session) is returned to the local relevant court. The court will send a copy of the application for divorce to the other party. The other party then has time to object to the divorce and if he/she does object then the simplified procedure can't go ahead.
If the other party doesn't object to the divorce, the court will consider the application and let both parties know the result. If the application is successful the court will grant a ‘decree of divorce’ The whole process usually takes about eight weeks although in our case it was considerably less than that.
Hope that helps.
