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scottish law

  • hrm
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02 Oct 07 #4250 by hrm
Topic started by hrm
Hi all.
I know that the Scottish system is different from English so am a bit confused on a few points.Can anyone enlighten me what the procedure is ? Current position is that he has asked if I have an objection to divorce on grounds of 1 year apart.
How long can I expect the whole process to take if it is straightforward-two children under 16.

Also; We had a minute of agreement written when he left the family home.Is it completely binding??)( I hope so!!)

:unsure:
Thanks in advance.

  • Fiona
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03 Oct 07 #4262 by Fiona
Reply from Fiona
Under Scottish law courts can't grant a divorce until all financial matters and issues related to the children are resolved. You will be pleased to know that it's difficult to overturn a MoA and they are legally binding once recorded by the court. Citing UB or adultery as the reason for the marriage breakdown requires evidence involving at least one witness to the act. As a result in Scotland most divorces (around 50%) are 1 year with consent or 2 years without consent (25%).

When there are children under 16 you must use the ordinary divorce procedure and you will need a solicitor. The action begins with the solicitor for the pursuer drafting the ‘summons’ (Court of Session) or ‘initial writ’ (sheriff court). This is a formal document stating all the facts which is sent to the court. A copy is sent to the defender who then has 21 days to seek legal advice and consider their response.

Where both parties are in agreement the action proceeds as an undefended divorce. Sworn statements are usually provided by the divorce applicant and the solicitor submits the statements to the court. The judge examines the case in private and the divorce decree will then be granted unless the court requires further information. How long it takes depends on the court's workload but 2-6 weeks is standard.

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