Scottish Government Consultation on Changes to Divorce Procedures - Still Moving Slowly Forward

1st January 2026

The Scottish Government has undertaken a consultation on family law reforms, which includes proposals to modernise the procedures for divorce and the dissolution of civil partnerships.

A central focus of this consultation is whether to extend the simplified court procedures currently available for some divorce cases so that they can also be used when there are children under the age of 16, provided that the parents have agreed the arrangements for the children's welfare.

This consultation forms part of a wider review of family law that also includes topics such as cohabitants’ rights and the minimum age for marriage.

Current Law and Its Limitations

Under current Scots law, certain divorces or civil partnership dissolutions can be processed using a simplified, mostly paper-based procedure. This option is available when both spouses consent and there are no children under 16 whose welfare arrangements need to be considered by the court. Couples who have children under 16 must instead use the full court process, even if they agree on all terms of the separation. This distinction has been criticised for being unnecessarily burdensome in cases where couples have already settled all matters amicably.

The Proposal: Extending Simplified Procedures

The core proposal under consultation is to allow couples who have children under 16 and have agreed arrangements for those children’s upbringing to use the simplified divorce/dissolution process. To achieve this, changes in primary legislation would be required to remove the current need for third-party evidence in these cases and allow the court to rely on the agreed information provided by both parties.

Under the proposed rules:

Applicants would complete the simplified divorce forms, including an additional form for each child under 16 outlining the agreed arrangements. Those forms would need to be counter-signed by both spouses or civil partners.

This would enable the court to consider the welfare of the children without reverting to the full, more costly, and more time-consuming court process.

The Scottish Civil Justice Council (SCJC) is consulting separately on the specific court rules and forms required to support these changes.
Scottish Government

The Scottish Government’s consultation does not propose changes to the grounds for divorce or dissolution themselves — for example, the legal reasons a marriage may be ended — only the procedures by which divorces can be obtained.

Rationale for Reform

The main policy objectives behind the proposal are:

Reducing Conflict and Cost: By extending simplified procedures to more uncontested cases, the Government aims to make divorce less adversarial, quicker, and less expensive for families that already agree on all terms.

Protecting Child Welfare: The new process would still require appropriate information about children’s arrangements so that the court can make informed decisions in the best interests of children under 16.

Clarity and Accessibility: Reform advocates argue that extending simplified procedures will make the law easier to understand and use for lay people, especially those representing themselves.

These proposals emerged in part because existing rules — where the only barrier to simplified divorce is the presence of young children — can force amicable families into a burdensome full court process that offers little additional protection.

Consultation Process and Next Steps

The consultation on extending simplified divorce procedures was published in late 2024 and ran initially until February 2025, with an extension until May 2025. The Scottish Civil Justice Council analysed responses from stakeholders including families, legal practitioners, and court officials. The analysis highlighted support for making the process more accessible while also noting the need for safeguards around children’s welfare information.

For the proposal to be enacted, several legislative and procedural changes would be required:

Primary legislation to remove the legal requirement for third-party evidence in applicable divorce cases.

Amendments to court rules and forms by the Court of Session (in an Act of Sederunt), based on recommendations from the SCJC.

Secondary legislation to ensure appropriate legal aid provisions for the new simplified process.

Once these reforms are finalised and approved by the Scottish Parliament, eligible couples would be able to use an expanded simplified procedure when both spouses agree on all matters, including childcare arrangements, even if they have children under 16 years old.

The Scottish Government’s consultation on changes to divorce procedures marks a significant move toward modernising family law and making the court system more responsive to the needs of families. By proposing to extend simplified divorce and dissolution procedures to include cases with children under 16 where arrangements are agreed, the Government aims to reduce conflict, cost, and complexity for separating couples while still safeguarding the welfare of children involved. This reform does not alter the reasons for divorce but makes the process more accessible and less formal for many families.

If you’d like, I can also provide a brief comparison between the current process and the proposed new procedure with examples of how they would work in practice.

when will the changes become law

Here’s the latest, accurate picture of when the proposed changes to divorce procedures in Scotland might become law — based on the Scottish Government’s consultation, the rulemaking process, and current status:

1. Consultation Completed (2025)

The consultation on extending simplified divorce and dissolution procedures to couples with children under 16 — where they agree on arrangements — was open between late 2024 and May 2025 and has now closed. Officials are analysing the responses.
Scottish Civil Justice Council

2. Next Legal Steps (Post-Consultation)

Before the changes can become law, several legal steps must happen:

Primary Legislation Change - Scottish Ministers must decide whether to legislate to remove the current legal requirement for third-party evidence in these cases. If they proceed, a statutory instrument (law made by Ministers and scrutinised by the Scottish Parliament) would be laid to make this change.

Secondary Legislation & Rules – The courts (via an Act of Sederunt) and Scottish Ministers would need to make several rules/statutory instruments to:
• Change court procedures and forms.
• Ensure legal aid arrangements are updated.
• Update systems and guidance in courts and legal aid bodies.

These steps mean that the reform cannot take effect immediately and only becomes law after Parliament has approved the relevant statutory instruments.

3. Likely Timing

There’s no fixed date yet for when the changes will formally become law because:

The Scottish Government has not yet decided whether to proceed with primary legislation based on consultation responses.

If Ministers decide to proceed, the change would likely be introduced as a Statutory Instrument (SI) to the Scottish Parliament, which then needs time for parliamentary scrutiny and approval.

In practice, for a proposal like this:

Earliest realistic implementation — late 2025 or in 2026, depending on parliamentary timetables and drafting time for the required secondary legislation.

More typical timeframe — could be 2026/27, as drafting, consultation on rules, and parliamentary scrutiny often take many months.

In Summary

The consultation is complete.

The Government still needs to decide whether to legislate based on responses.

Only after that would draft law be introduced to Parliament.

There is no confirmed coming-into-force date yet — but changes won’t be law before Parliament approves them, likely in late 2025 through 2027.