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DIY in Scotland

  • rubytuesday
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12 years 5 months ago #26507 by rubytuesday
DIY in Scotland was created by rubytuesday
Im thinking of releasing the services of my sols, and doing my divorce myself.

As it is fairly straightforward (no children from the marraige, and x2b and I have agreed on finaces), Im hoping that it will be possible for me to deal with the rest of the process myself.And I now feel confident enought to go down the DIY path - big change from how I was 6 months ago!

Im finding the pace of my own sols very frustrating, and he doesnt tend to read/listen to my instructions. :angry:

Has anyone experience of a DIY in Scotland? Any info would be welcome!

Ruby x

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  • cisco
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12 years 4 months ago #33228 by cisco
Replied by cisco on topic Re:DIY in Scotland
Hi
I too live in Scotland and have been browsing through this site- wish I had known about it earlier. I have two late teenage kids and would like to save a fortune, but my husband(hopefully Ex) would too but is not willing to move his back am am sure he is making every effort to drives me up the wall .After reading many of the 'Unreasonable Behaviour' sections I have good grounds to go through that route. Would like to go DIY divorce but am worried that he will find some way of ripping me futher after we have gone through it.Not sure if I would still have to see lawyers after having gone through this method?
Any help greatly appreciated -thanks!
Cisco

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  • Xordon
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12 years 2 months ago #43729 by Xordon
Replied by Xordon on topic Re:DIY in Scotland
The diy or simplified system in Scotland is restricted in scope.

See this site for good info.

www.scotcourts.gov.uk/library/civil/divorce/index.asp

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  • Fiona
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12 years 2 months ago #43757 by Fiona
Replied by Fiona on topic Re:DIY in Scotland
To divorce under the simplified procedure the ground for the divorce being relied upon is either separation after 1 year with consent or two years without consent as long as the other party doesn't defend the action. There should be no children under 16 and neither party applying for an order for financial provision.

The applicant will have to fill in a form giving the reason for the divorce and information to support it. If the ground for divorce is a one year separation with the agreement of the other party, Form SPA is used and the applicant will have to get the other party to sign a consent form. Form SPB is used if the ground for divorce is two years without agreement.

The facts stated on the form are sworn correct before a Notary Public or a Justice of the Peace who will sign the form, free of charge. The completed form, the marriage certificate and a fee (now £90 sheriff court, £100 Court of Session) is returned to the local relevant court. The court will send a copy of the application for divorce to the other party. The other party then has time to object to the divorce and if he/she does object then the simplified procedure can't go ahead.

If the other party doesn't object to the divorce, the court will consider the application and let both parties know the result. If the application is successful the court will grant a ‘decree of divorce’ The whole process usually takes about eight weeks although in our case it was considerably less than that.

Hope that helps. :)

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  • Fiona
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12 years 2 months ago #43762 by Fiona
Replied by Fiona on topic Re:DIY in Scotland

'Unreasonable Behaviour' sections I have good grounds to go through that route. Would like to go DIY divorce but am worried that he will find some way of ripping me futher after we have gone through it.Not sure if I would still have to see lawyers after having gone through this method?


Lawyers are not necessary for divorcing under the simplified procedure and the divorce prevents future claims so it is essential that any finances have been dealt with properly before applying for divorce. In our case we agreed a joint minute for the finances and divorced under the simplified procedure.

UB and adultery in Scotland require a strong burden of proof and applications are under the ordinary procedure which requires writs or summonses and a statement to a legal specification. As are as a consequence 88% of divorces in Scotland are on the basis of one of the two separation grounds.

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  • wikivorce team
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12 years 2 months ago #43960 by wikivorce team
Replied by wikivorce team on topic Re:DIY in Scotland
To help future Scots find the relevant info on the scotscourts site more easily we have added a couple of introductory articles to scottish divorce in the Wikivorce Divorce Information Centre.

www.wikivorce.com/divorce/index.php?opti...ir=1&Itemid=1800

One article was originally submitted by Fiona into the divorce Wiki - the other is info from the Scotscourts site.

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