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Scottish Ordinary Divorce (Initial Writ Form G1)

  • Scotch Egg
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3 years 6 months ago #489957 by Scotch Egg
I am trying to find examples of the G1 form in the resources section but cannot find them anywhere. Are the resources only for England and Wales? In Scotland, one needs to first send in a standard Initial Writ letter to the court in order to get the ball rolling.
Also, I have already applied for a simplified divorce and it was rejected. I have been advised, by the courts, to apply for an ordinary divorce and that having a solicitor is recommended. Due to personal time constraints, I am unable to see a lawyer as I am always busy when the office is open so I need to do this alone in the evenings/weekends. The lawyer is refusing to take my case unless they first meet me.
Can anyone tell me how to fill out this initial writ please? I don't understand the jargon on it. So far, I have only filled out the address of the local court.
Link to the G1 form: www.scotcourts.gov.uk/docs/default-source/rules-and-p ractice/forms/sheriff-court-forms/ ordinary-cause-forms/form-g1---initial-writ.doc?sfvrsn=11

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  • pendlewitch
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3 years 6 months ago #490039 by pendlewitch
Replied by pendlewitch on topic Re:Scottish Ordinary Divorce (Initial Writ Form G1)
Some solicitors will offer late opening hours by appointment.

The problem with attempting to \"DIY\" an Ordinary Divorce Writ is that here are rules such as it must be typed or printed on durable quality A4 *unfolded* paper, must say certain formal things regarding, for example, jurisdiction. It''s highly inadvisable to try to write the Writ yourself, it''s not a straight-forward document and is set out in a particular way - the Crave, Condescendences and Pleas-In-Law. You will need a solicitor to draft it up for you.


Before you begin divorce proceedings, you will need to resolve the finances and child arrangements, and have these set out in a legally binding separation agreement. Sometimes, where there are no marital assets, an affidavit stating there are no outstanding financial issues is enough to satisfy the Sheriff.


Representing oneself in Scotland in legal matters is difficult, partly due to the exacting wording and laying of of Writs and other legal documents.

Why was your application for a simplified divorce rejected?

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  • Scotch Egg
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3 years 6 months ago #490041 by Scotch Egg
Hi and thanks for the reply. Simplified divorce was rejected because my wife has a diagnosis of mild mental health problems. And I can't get to a lawyer for months as I am busy during office hours. I called a few solicitors and none of them will take the case unless they meet me once. I was going to use the fixed price option on this site but they only do not in England and Wales.

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  • hu9hes
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2 years 5 months ago #500698 by hu9hes
Accepting that the above submission was a while ago I have just about completed the Initial Writ but I have been told that the crave for Division and Sale has to be broken down into separate parts. Are there any examples of this available - must be the same for all D&Ss except for personal details.

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  • LisaW
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1 year 4 months ago #507392 by LisaW
Hi,

Did either of you manage to divorce using self representation under Scottish Law? I'm starting the journey: 9 years separated, family house sold and children have left home. Just OH pension to consider now.

Any advice greatly received, no funds for a solicitor I'm afraid!

Thanks,

Lisa

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  • hu9hes
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1 year 4 months ago #507402 by hu9hes
Bit of a nightmare to be honest but I would think your case would be altogether different - ours was complicated by a delaying partner and one who knew her rights from day one. She managed to get legal aid, which I think you might consider as even if you earn £20k in Scotland it looks like you can get it - we thought it was not available for family cases but turns out the legal aid board in Scotland is prepared to approve. There is a lot more I could say about the system but not on this forum and I doubt you can communicate off of it.

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  • LisaW
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1 year 4 months ago #507403 by LisaW
Thank you for your reply, there is a messaging system at the side of each post. Here is a link to my thread:https://www.wikivorce.com/divorce/Divorce-Advice/Pensions/507353-Pension-where-to-go.html#507400

Lisa

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