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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


DIY Divorce

  • pbrickwood
  • pbrickwood's Avatar Posted by
  • New Member
  • New Member
More
24 Jul 12 #345009 by pbrickwood
Topic started by pbrickwood
Hi All first post so please be gentle,

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?

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
24 Jul 12 #345019 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce.

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.

  • pbrickwood
  • pbrickwood's Avatar Posted by
  • New Member
  • New Member
More
24 Jul 12 #345072 by pbrickwood
Reply from pbrickwood
Thanks for the reply.

The other side are aware of my current financial situation and are playing on it.

I have a friend that offers me free advise on legal matter and I often call on them to look over things like the writ i submitted to the sherrif to cgain access to my daughter.


I think the next step, like you say is a strongly worded letter to her representation in relation to the passing over of information


Phil

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11