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Form SPA (scottish law) - When can it be submitted

  • rubytuesday
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24 Sep 08 #51015 by rubytuesday
Topic started by rubytuesday
Hope someone can help, please

My x2b and I are divorcing under the simplified procedure (scottish law), with the reason being 12 months non-cohab. The Separation Agreement is now regisitered with the Court, and therefore now a legal document.

My question is - when can the SPA form (ie divorce papers) be submitted to the court? Can they be submitted on the date of 12 months non-cohab, providing everything has been signed and witnessed - or will I have to wait a certain period of time before being able to this?

I understand it takes about 4-6 weeks for the form to be returned from the Court - with hopefully the divorce granted.

Any help would be appreciated

Ruby

NB - there is a clause in the SA that states that neither party will contest if a divorce is sought on the 12 month non-cohab grounds.

  • Fiona
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24 Sep 08 #51049 by Fiona
Reply from Fiona
As long as the finances are settled and any arrangements for children are in place you just submit the completed form along with the papers and appropriate fees when the 12 months after the date of separation are up. I'm sure you will know that there is no revisiting the finances later. Just check you send the appropriate fees as they recently went up - £90 Sheriff's Court, £100 Court of Session I believe.

Hope that helps.

  • rubytuesday
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24 Sep 08 #51051 by rubytuesday
Reply from rubytuesday
Thanks Fiona - I owe you a large malt ;)

Ruby

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