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In both England and Scotland divorce is applied for after a marriage has irretrievably broken down. The reasons for this in England are: - Adultery, defined as one partner having full sexual intercourse with a person of the opposite sex - Unreasonable behaviour - Desertion, defined as one partner leaving without agreement for a period of over two years in the last two-and-a-half years - By agreement, if the parties have been separated for over two years - Without agreement, if the parties have been separated for over 5 years In Scotland the reasons are very similar, except the period of separation for divorce by agreement is 1 year, and the period of separation for divorce without agreement is 2 years. After the petition is lodged in England the other partner can either accept the petition or file an answer. This would be the case if the ground for divorce were disputed. The law is similar in Scotland; although a divorce after a 1 or 2 year separation (the last two of the five reasons listed above) can be put through a simplified procedure if there are no financial disagreements and no children under the age of 16. This simplified procedure is considerably cheaper and quicker than the normal divorce proceedings. Proceedings for financial settlement and care of children are dealt with separately. In both cases partners are asked to provide a proposal for how they think these matters should be administered. The main difference between Scottish and English law is that whilst English law considers all assets, property and possessions matrimonial and part of the financial settlement, the Scottish courts will only consider those assets and possessions bought during the marriage. In both systems, the overriding principle is that of a fair outcome for both parties, with the court mindful to provide for the spouse and any children. Once the agreements are reached, the courts in England produce a decree nisi followed around 6 weeks later by a decree absolute. In Scotland, the courts award a decree of divorce, which amounts to the same thing.
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