I have just found out in the past few days that I am divorced. I separated from my spouse in Scotland in November 2006 and the divorce went through in July 2007. She put false dates on the divorce application (2004)and I have never signed anything. I have proof from bank statements, bills, etc that I was still there in November 2006. Word of the divorce only reached me as a rumour and I recently contacted the Sheriff Court in Edinburgh for confirmation and they are now sending me a copy of the Decree Absolute. We were together for 16 years, no children involved now as they are grown up, and we had a house with mortgage which was in her name from the beginning but obviously we both paid for it and other bills. My question is: am I entitled to a share of the house even though she sneaked the divorce through? And could she be in trouble for falsifying details on the application? I am over the moon to be divorced from her, but hate the thought of her getting everything.
In Scotland the finances must be resolved before divorce and there is only one decree.
You need to see a family sol PDQ and get the divorce decree overturned. To apply for a divorce based on one year's separation not only was your consent required, but there had to be no outstanding financial matters which clearly wasn't the case.
BTW it's sad to think I spend so long on here I'm considered a resident.
I'm trying to think ahead and since there are so many experienced and willing people on here, I thought I would look for other opinions before I decide what to do. From what I understand of what you've said so far, I have two choices. One, go to a solicitor to see what I could be entitled to. That would possibly involve having the decree overturned (which I don't particularly want!) and could see her in trouble for falsifying details. That doesn't benefit anybody. Or two, write to her, letting her know that I'm aware of what she's done and that if she doesn't make me a sensible offer, I'm prepared to go through the legal process. If it's the latter, how would you word it, roughly? If anybody has an opinion or other ideas, I'd love to hear them.