Phone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw 

Phone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw 

Separation & Divorce Solicitors


Separation & Divorce Solicitors 

Separation and divorce can be emotionally challenging and legally complex. 
At Ness Gallagher Solicitors, based in Lanarkshire, Scotland, we provide expert guidance to help you navigate this difficult time. Our experienced family law team is here to support you and ensure your rights are protected throughout the process. Contact us today to discuss your situation and take the first step toward resolving your family law matters. 

Understanding Separation in Scotland 

Separation occurs when a couple decides to end their relationship. Often that involves living apart either temporarily or permanently however sometimes, couples continue to live under the same roof for financial reasons. In Scotland, separation can be formalised through a legally binding Separation Agreement (also known as a Minute of Agreement). This document outlines arrangements for finances, property, debts, and childcare. It provides clarity and can prevent disputes later on. 
Key aspects of a Separation Agreement include: 
· Division of matrimonial property and assets· Allocation of debts· Childcare arrangements, including residence and contact· Financial support or maintenance payments 
A well-drafted agreement ensures fairness and can be enforced like a court order if registered. If you’re considering separation, our solicitors can help draft an agreement tailored to your needs. 

Grounds for Divorce in Scotland 

In Scotland, divorce requires proof that the marriage has broken down irretrievably. This can be established through: 
1. One year of non-cohabitation (with consent from your spouse).
2. Two years of non-cohabitation (no consent required).
3. Adultery, where one spouse has had a sexual relationship with someone else.
4. Unreasonable behaviour, such as abuse or addiction, making it unreasonable to continue living together. 
An alternative ground for divorce is the issuance of an interim gender recognition certificate under the Gender Recognition Act 2004.Our team will assess your circumstances and advise on the most appropriate grounds for your case. 

Divorce Procedures in Scotland 

There are two main procedures for divorce: 
· Simplified Divorce: Suitable if there are no children under 16 and no financial disputes. This process is quicker and less costly.
· Ordinary Divorce: Required if there are unresolved financial matters, children under 16, or if the divorce is contested. 
The choice of procedure depends on your situation. Our solicitors will guide you through the process, ensuring all necessary steps are taken efficiently. 

Financial Settlements in Divorce 

A key aspect of divorce is dividing matrimonial property fairly. Under Scottish law, assets acquired during the marriage are typically shared equally unless special circumstances apply. The date of separation is crucial, as it determines the valuation of certain assets and debts. Our solicitors will work to protect your financial interests and secure a fair settlement. We can also assist in negotiating agreements or representing you in court if necessary. 

Childcare Arrangements 

If children are involved, their welfare is the court’s primary concern. Decisions about residence (who the child lives with) and contact (time spent with the other parent) must focus on the child’s best interests. We understand how important these matters are to you. Our team will help you reach amicable agreements or advocate for you in court to achieve suitable care arrangements for your family. 

Mediation Services 

Mediation offers a collaborative way to resolve disputes without going to court. A neutral mediator helps both parties communicate effectively in a safe and controlled environment on issues such as finances or childcare. The role of a mediator is to help both parties reach an amicable agreement which best suits the needs of their family.
At Ness Gallagher Solicitors, we offer mediation services through accredited mediators who are members of CALM Scotland. Mediation can save time, reduce stress, and preserve relationships—especially important when children are involved. 

Why Choose Ness Gallagher Solicitors? 

With years of experience in family law, our team provides compassionate yet professional support during separation and divorce proceedings. Louise Gillies, who leads our Family Law team, is an Accredited Mediator and member of CALM Scotland, ensuring expert guidance every step of the way.
We prioritise resolving conflicts amicably whenever possible but will robustly represent your interests if court action becomes necessary. 

Contact our Divorce & Separation Lawyers 

If you’re facing separation or divorce, don’t face it alone. Contact Ness Gallagher Solicitors today for expert advice tailored to your unique circumstances. Call us now or fill out our online enquiry form to schedule a consultation with one of our family lawyers. Let us help you move forward with confidence during this challenging time.
Information contained in this website is for information purposes only. It does not constitute legal or professional advice. For legal advice tailored to your circumstances, call us now or fill out our online enquiry form to schedule a consultation with one of our family lawyers. 

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Testimonials

“Ness Gallagher have represented McGarry Flooring & Contracts Ltd for all our legal requirements for over twenty years.We have always been afforded outstanding service with the whole team working diligently and discreetly to advise and guide us through the many challenges we meet in business today”

Liam McGarry - McGarry Flooring

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"Ness Gallagher provide a wide range of legal services and I am always confident in their advice."

Sherry Funeral Directors - Motherwell

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"We have been dealing with Ness Gallagher for over 20 years and have always found them pleasant to deal with, offering professional advice on all legal matters in a prompt and efficient manner."

Toolstop - Bothwell

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"Two generations of our family have relied on Ness Gallagher providing legal assistance for over 40 years.Their guidance and expertise in diverse areas such as the preparation of wills, winding up of estates, and buying and selling property has been invaluable. In all cases the entire process is handled in a friendly, professional manner with a welcome personal touch. We would have no hesitation whatsoever in highly recommending their services."

The Doran and Mullen families, Wishaw

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Friendly Family Law Solicitors in Scotland

At Ness Gallagher, we are here to provide practical and professional advice, tailored to your family’s situation. You can be confident that we will listen to your needs carefully and help you obtain the desired result.


95 Stewarton Street,Wishaw,Lanarkshire,ML2 8AGPhone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw

© Ness Gallagher Solicitors 2025

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All Rights Reserved


95 Stewarton Street,Wishaw,Lanarkshire,ML2 8AGPhone: 01698 355525Email: ku.oc.rehgallagssen%40wahsiw

© Ness Gallagher Solicitors 2025

Privacy Policy | Terms of use

All Rights Reserved