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What are my options?

  • greengoblin
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25 Jul 12 #345361 by greengoblin
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If I was to try the affitdavit option, could she contest that in any way considering I''m offering her everything with no settlement?

  • rubytuesday
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25 Jul 12 #345362 by rubytuesday
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The affidavit would only be relevant IF there are no outstanding issues, which in your case, there appears there are.

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25 Jul 12 #345363 by greengoblin
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Technically there are not, I have conceeded on everything I have asked for, she simply does''nt seem willing to sign the minute of agreement despite getting any disputed issue''s her own way. Would the MOA need to be signed before this would be a viable option?

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25 Jul 12 #345364 by Fiona
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If no Separation Agreement can be reached you would need to apply for divorce on the basis of two years separation without consent using the Ordinary Procedure rather than the Simplified Procedure.

The application is by means of a writ and normally as part of the writ you would apply for financial relief. There would then be a series of hearings and if still no agreement could be reached the sheriff would make a ruling at a proof hearing and grant the divorce. In Scotland financial claims can''t normally be made after divorce.

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25 Jul 12 #345369 by greengoblin
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In that case it looks like I''m heading to the court and will be seeking a financial settlement with divorce. If I have to pay a ridiculous ammount of money to get a divorce because of her unreasonable behaviour then I will do my best to make sure it comes out of her pocket and not mine. Thankyou for your replies

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