The Scottish Civil Justice Council has today published a public consultation that would amend the ‘simplified procedures’ that most people use when they seek a divorce, or the dissolution of their civil partnership.

 At the moment any potential applicants with a child under the age of sixteen will be excluded from using either of those ‘simplified procedures’. That introduces the potential for unfairness as some of those potential applicants would be capable of bringing their legal relationship to an end having already made suitable arrangements for the welfare of their children. For those applicants the court would be able to make just decisions on the papers, without further judicial intervention. 

 The proposal made reflects a situation where that current exclusion would no longer apply.  Feedback is sought on the draft rules needed to put that change into effect and the responses received will help finalise the changes made. In practice the Council is unable to implement those changes to the rules until such time as some associated changes in the law have been enacted. 

 The Scottish Government will consult separately on whether to make those changes to the law. If the Scottish Ministers do then take a subsequent decision to proceed, an appropriate statutory instrument would be laid to support further scrutiny by the Scottish Parliament.

 This consultation on the proposed changes to the simplified procedures will run for 12 weeks.   The closing date for responses is Friday 15 February 2025.

Notes for Editors:

1. The consultation papers on the proposed changes to court procedure can be viewed via the consultation page of the Councils website: https://www.scottishciviljusticecouncil.gov.uk/consultations/scjc-consultations

2. A future Scottish Government consultation on the prerequisite changes that would need to be made in primary legislation will follow in the coming months.