A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Delays in procedures.....Scotland

  • Elle
  • Elle's Avatar Posted by
  • User is blocked
  • User is blocked
More
16 Feb 08 #14102 by Elle
Topic started by Elle
Hi,
Not sure where to post this but here goes

How can I prevent another "at the court door" delay....after near 8 years and nothing settled for a multitude of reasons......I am so sick of getting to the court door and sent home without a hearing or any kind of progress. The delays have involved lack of documents, documents lacking in specification, x refusing to negotiate, lack of preparation, sols walking..... his sol even admitted to the Court that he himself had failed to prepare, non disclosure, shorthand writers not booked, sols not turning upp etc, etc. I have agreed to all sorts of demands...anything to get closure however no matter what i agree....there has been no progress.....just another delay......what should have been a mere divorce and division of one house and 2 pensions has become an unbelievable saga of delays.........
Any suggestions
Elle

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
18 Feb 08 #14304 by Fiona
Reply from Fiona
Poor you. Why was it delayed the last time?

  • Elle
  • Elle's Avatar Posted by
  • User is blocked
  • User is blocked
More
21 Feb 08 #14664 by Elle
Reply from Elle
Fiona,
For once it was my "sides" fault......with one week to the Proof date, I couldnt speak with my sol. There was no shorthand writer booked, no witness cited/prepped, I hadnt received any prep, just an invoice, the date for Proof was 29th of Jan according to the court and myself, sol hadnt been at court when the proof date was given...she forgot to turn up at that hearing, her firm "reassured" me that the court and i were wrong.......I stated calmly that I was rather concerned about my position......secretary told sol, sol withdrew stating she didnt like my criticism......all this was witnessed....honest Fiona I am not crazy...but my situation is and I think I may well go crazy soon
Elle

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
21 Feb 08 #14671 by Fiona
Reply from Fiona
I don't honestly think there is much you can do other than sit it out. It seems when someone is being obstructive the courts give them enough rope to hang themselves.
Also unless you are at the Glasgow Family Court the sheriff will have done some training in family law but he/she will be a jack of all trades and as defended divorces are as rare as hen's teeth will probably move at a deliberate pace

I guess even sols can suffer PMT. Have you managed to find another?

PS One thing that occurs to me is have you been advised about capital gains on your share of the former matrimonial home?

  • Elle
  • Elle's Avatar Posted by
  • User is blocked
  • User is blocked
More
21 Feb 08 #14675 by Elle
Reply from Elle
Fiona,
Yes I believe that the SP gave them every delay asked for so that they had no come back in their Appeal.....that was years ago tho and x is refusing to pay expenses awarded him
I am not in Glasgow Court.....my case is in one where the Sheriffs are really old....and not keeping up with the times....
As for PMT Fiona....there is no excuse for what sol did......it was dispicable and as such....I wont be allowing another one near me
No advise on GCT....but have researched and used some of your excellent info on other posts
Its just been a catalogue of unnecessary stress....but your right.....sit tight...I got this far
Thanks
Elle

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11