Have now been seperated from my wife since October 2011 and I really want to get the ball rolling on a divorce. We both reside in Scotland, and have a child under 16 so will have to go down the ordanary procedure. We have both moved on and now both have new partners.
The issue is that with my and my new partners combined income, I cannot qualifiy for legal aid, but do not have the spare cash to employ the service of a solicitor.
We have a marital home and marital related debts and pensions that need dividing. i accept that I will need the services of a solicitor to execute the sale and or divisioon of the marital home.
My ex wife to be, has legal representation and they are refusing to provide any information to myself as I am representing myself. Sighting that I need P.I. insurance to see my wifes financial information. They also refuse to supply any state or priivate pension information to myself. I have prepared all my financial information and am ready to send this to her representation, but feel that the information flow is only one way.
As for our child, i have been to court regarding this matter, of which I represented myself, and I am in the process of asking for the case to be unsisted as my wife keeps revoking access and refusing to attend mediation on this mattter.
I suppose my question is, DO I need legal representation of can i represent myself?
Representing oneself in Scotland in legal matters is difficult, partly due to the exacting wording and laying of of Writs and other legal documents. There are some allegedly DIY Scottish Ordinary procedure divorce services, but this is for the divorce application only and I think costs around £800(excluding Court and Notary Public fees).
You will need a solicitor to draw up the Separation Agreement, as this is a legally binding document, and needs to written correctly, with all the correct clauses in it, only someone with the proper qualifications and training can do this really.
it is possible to engage the services of a sols, but do the bulk of the work yourself, ie writing letters to the other side, dealing with the information from the other side etc, but keep the sols for the legalities such as the writing of the SA and divorce Writ.
You don''t require Professional Indemnity Insurance to see the other side''s financial details - regarding the lack of information from the other side, a strongly worded solicitor''s letter should be enough to poke them into action. Sometimes it is worth paying a sols to get things moving properly.