In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session.
In making an order, the court is, under the Act, guided by the following principles: The general approach of the Scottish courts is to settle financial issues by the award of a capital sum if at all possible, allowing for a ‘clean break’ settlement, but in some cases periodical allowances may be paid, usually for a limited period.
Circumstantial evidence can be provided to support the claims of the pursuer and the case is determined "on the balance of probability" rather than "beyond a reasonable doubt".
Therefore, for example, evidence of a husband staying in a hotel room with another woman for a night will likely establish adultery, even if sexual intercourse cannot be proved.
The finding by the court that the defender is at "fault" for the divorce will, however, not affect the amount of financial provision awarded or arrangements regarding any children.
[16] 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.