Separation
If the parties have not lived together as husband and wife for a period of one year and both parties consent to the divorce then this establishes an irretrievable breakdown of the marriage. The defender's consent to the divorce must be granted at the court proceedings and can be withheld for any reason or no reason at all. According to Stair, the defender to a divorce will often use their granting of consent as a way of bargaining favourable financial provision or arrangements concerning children.
If the defender does not consent to the divorce, then the pursuer will only be able to establish an irretrievable breakdown of the marriage once the couple has not lived together as husband and wife for two years.
Read more about this topic: Scots Family Law, Divorce and Dissolution, Divorce
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