Form

Form 49.73-B

Form

49.73-B

(SPB)

Under the Divorce (Scotland) Act 1976, Section 1(2)(e)

Simplified Procedure

Court of Session

General Department

Edinburgh EH1 1RQ

Tel: 240 6741

APPLICATION FOR DIVORCE

SPOUSES HAVING LIVED APART FOR AT LEAST 2 YEARS

Before completing this form, you should have read the leaflet entitled “Do it yourself Divorce”,

which explains the circumstances in which a divorce may be sought by that method. If the

simplified procedure appears to suit your circumstances, you may use this form to apply for

divorce.

Below you will find directions designed to assist you with your application.

Please follow them carefully. In the event of difficulty, you may contact Court’s General

Department at the above address or Citizens Advice Bureau.

Directions for making Application

WRITE IN INK, USING BLOCK CAPITALS

Application

(Part 1)

1. Complete and sign Part 1 of the form (pages 3-7), paying particular attention to the notes

opposite each section.

Affidavit

(Part 2)

2. When you have completed Part 1, you should take the form to a Justice of the Peace, Notary

Public, Commissioner for Oaths or other duly authorised person so that your affidavit in Part 2

(page 8) can be completed and sworn.

Returning

Completed

Application

Form to

Court

3. When directions 1 and 2 above have been carried out, your application is now ready to be

sent to court at the above address. With it you must enclose:

(i) Your marriage certificate (the document headed “Extract of an entry in a Register of

Marriages”), which will be returned to you in due course. Check the notes on page 2 to see if

you also need to obtain a letter from the National Records of Scotland stating that there is no

record that your spouse has divorced you; and

(ii) Either a cheque or postal order for the court fee, crossed and made payable to “Scottish

Court and Tribunal Service”, or a completed form SP15 claiming exemption from the Court fee.

4. Receipt of your application will be promptly acknowledged. Should you wish to withdraw

the application for any reason, please contact the Court of Session immediately.

Form 49.73-B

THE NOTES ON THIS AND THE FOLLOWING PAGES ARE DESIGNED TO ASSIST YOU.

PLEASE READ THEM CAREFULLY BEFORE COMPLETING EACH SECTION OF THE FORM.

Notes on Sections 1 and 2 opposite

(i) The names entered in Sections 1 and 2 opposite must be those on your marriage certificate. If you are

known by another name which does not appear on that certificate, please write that name in brackets.

(ii) Home addresses should be given where these are known. The Court is required by law to serve a copy of

this application on your spouse.

Note on Section 3 opposite

If the address of your spouse is NOT known or cannot reasonably be ascertained, please enter “not known” in

this section; you must take all reasonable steps to find out where your spouse is living and state on a separate

sheet what steps you have taken and attach it to this form. Then proceed to section 4.

N.B. The statement must be signed.

Notes of Section 4 opposite

In the event that the address of your spouse is unknown to you, the Court is required by law to intimate a copy

of this application to:

(i) ONE of the next-of-kin of your spouse. (“Next-of-kin” does not include yourself or any children of the

marriage for the purposes of this application. Children of the marriage includes any adopted children,

and/or children accepted into the family.)

(ii) ALL children of your marriage aged 16 years or over, whether or not they live with you.

When entering the details of the next-of-kin, if any, please state his or her relationship to your spouse (i.e.

“mother”, “father”, “brother”, “sister”, etc).

If you do no know the identity or whereabouts of any of the next-of-kin of your spouse, or the whereabouts of

any of the children of your marriage, please enter “not known” where appropriate.

LETTER FROM NATIONAL RECORDS OF SCOTLAND. If you do not know the address of your spouse

and you were married in Scotland, you must obtain a letter from the National Records of Scotland stating that

there is no record that your spouse has divorced you. The letter must be issued not more than one month before

the date of posting this application to the court. If you require to obtain a letter you should apply to:

National Records of Scotland, Registration Branch, New Register House, Edinburgh, EH1 3YT,

stating both spouses’ full names, the date and place of your marriage and requesting that a search be made to

confirm that there is no record that your spouse has divorced you. (Note - a fee will be charged for this

service.)

The requirement to obtain a letter from the National Records of Scotland does not apply if you were married

outwith Scotland.

PART 1

Form 49.73-B

WRITE IN INK USING BLOCK CAPITALS

1. NAME AND ADDRESS OF APPLICANT

Surname___________________________________ Other name(s)_______________________________

Present Address in full

__________________________________________ ___________________________________________

__________________________________________ Daytime telephone number (if any)

_______________________________________________________________________________________

2. NAME OF SPOUSE

Surname___________________________________ Other name(s)________________________________

____________________________________________

3. ADDRESS OF SPOUSE (if the address of your spouse is not known, please enter “not known” in this

section and proceed to section 4)

Present Address

__________________________________________

Daytime telephone number (if any)

__________________________________________

4. Only complete this section if you do not know the present address of your spouse

NEXT-OF-KIN

Name

_________________________________________ Address________________________________________

Relationship to your spouse _______________________________________________

_________________________________________ _______________________________________________

CHILDREN OF THE MARRIAGE

Names and dates of birth Address

_________________________________________ _______________________________________________

__________________________________________________________________________________________

If sufficient space is not available here to list all the children of the marriage, please continue on separate sheet

and attach to this form

Form 49.73-B

Note on Section 5 opposite

“Domiciled” means that the person concerned opposite regards Scotland and his/her permanent home and

intended to live permanently in Scotland in the foreseeable future.

Notes on Section 6 opposite

You will be able to obtain these details from your marriage certificate (extract entry in a register of marriages)

which must accompany this application form, when you send it to the Court.

A photocopy of the marriage certificate will NOT be accepted

Notes on Section 7 opposite

You and your spouse must have lived apart from each other for a continuous period of at least 2 years after the

date of your marriage and immediately before the date of this application.

This minimum period of 2 years separation is extended if you and your spouse have lived together again for

NOT MORE THAN 6 MONTHS IN ALL during that 2 year period. For example, if you lived together for 3

months in total during the 2 year period, then you should not complete this application until 2 years and 3

months have elapsed from the date of your original separation.

Form 49.73-B

5. JURISDICTION

Please indicate with a tick



in the appropriate box or boxes which of the following apply:

(i)

I am domiciled in Scotland on the date I signed this application



(ii)

My spouse is domiciled in Scotland on the date I signed this application



(iii)

I was habitually resident in Scotland throughout the period of one year ending

with the date I signed this application



(iv)

My spouse was habitually resident in Scotland throughout the period of one year

ending with the date I signed this application



6. DETAILS OF PRESENT MARRIAGE

Place of marriage _______________________________________________ (Registration District)

Date of marriage: Day ______________ Month ______________________ Year _______________

7. PERIOD OF SEPARATION

(i) Please state the date on which you ceased

to live with your spouse. (If more than

2½ years, just give the month and year) Day ___________ Month ________ Year ________

(ii)

Have you lived with your spouse since YES

that date? (tick box which applies)

NO

(iii) If yes, for how long in total did you live together before finally separating again? Months

Notes on Section 8 opposite

Is there a reasonable chance that you can still settle the differences with your spouse and resume normal married

life?

Are you satisfied that there is now no possibility of the marriage succeeding?

Form 49.73-B

Note on Section 10 opposite

‘Children of the marriage’ includes any adopted children and/or children accepted into the family.

Notes on Section 12 opposite

No claim can be made I this form of divorce application for payment to you of a periodical allowance (i.e.

regular payment of money weekly, monthly etc for your maintenance) or a capital sum (i.e. lump sum). If you

wish to make such a claim, you should consult a solicitor.

NOTE: While it may be possible to obtain an order for periodical allowance after divorce, the right to

payment of a capital sum is lost once decree of divorce is granted.

No application can be made in this form of divorce application for postponement of decree under section 3A of

the Divorce (Scotland) Act 1976. On an application under that section, the court may postpone the grant of

decree of divorce if it is satisfied that:

(a) the applicant is prevented from entering into a religious marriage by virtue of a requirement of that religion

of that marriage; and

(b) the other party can act so as to remove or enable or contribute to the removal of, the impediment which

prevents that marriage.

As at 26

th

February 2007 “religious marriage” for the purposes of section 3A of the Divorce (Scotland) Act 1976

means a marriage solemnised by a celebrant of any Hebrew congregation (i.e. a Jewish marriage) (S.S.I.

2006/253).

If you wish to make such an application you should consult a solicitor or Citizens’ Advice Bureau.

Form 49.73-B

8. RECONCILIATION

Is there any reasonable prospect of reconciliation with your spouse?

(Tick box which applies)

YES

NO

Do you consider that the marriage has broken down irretrievably?

YES

NO

9. MENTAL DISORDER

As far as you are aware does your spouse have any mental disorder?

(whether mental illness, personality disorder or learning disability)

(Tick box which applies)

YES

NO

(If yes, give details below)

10. CHILDREN

Are there any children of the marriage under the age of 16? (Tick box

which applies)

YES

NO

11. OTHER COURT ACTIONS

Are you aware of any court actions currently proceeding in any

country (including Scotland) which may affect your marriage: (Tick

box which applies)

YES

NO

(If yes, give details)

12. DECLARATION AND REQUEST FOR DIVORCE

I confirm that the facts stated in Sections 1 – 11 above apply to my marriage.

I do NOT ask the Court to make any financial award in connection with this application.

I do NOT ask the court to postpone the grant of decree under section 3A of the Divorce (Scotland) Act 1976.

I request the Court to grant decree of divorce from my spouse.

(Date) (Signature of applicant)

___________________________ _____________________________

Form 49.73-B

PART 2

APPLICANT’S AFFIDAVIT

To be completed only after Part 1 has been signed and dated

I (insert Applicant’s full name) _____________________________________________

residing at (insert Applicant’s present

home address) Town ________________________________________

Country_______________________________________

SWEAR that to the best of my knowledge and belief the facts stated in Part 1 of this Application are true.

Signature of applicant ______________________________________________

To be completed by Justice of the SWORN at (place) _____________________________

Peace, Notary Public, or Commissioner

for Oaths this _____________day of _______________20_____

before me (full name) ___________________________

(full address)

______________________________________________

Signature ______________________________________________

*Justice of the Peace/*Notary Public/*Commissioner for

Oaths

*Delete where not applicable