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Ordinary Procedure – If you have children under the age of 16 and wish to divorce on grounds of non-cohabitation, or wish
to divorce on the grounds of Unreasonable Behaviour or Adultery, then
you will need to use this Procedure. An initial writ is sent to the
defendant, outlining the reasons for divorce, and allowing them 21 days
to seek legal advice and respond. If they chose to defend the divorce,
then an Options hearing will take place. If it is an undefended
divorce, then sworn statements from the pursuer are sent to the sheriff
court, and a decision is made in private. For more information, please
click here.
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Separation Agreements – All finances, asset division and child contact
and care arrangements must be agreed upon before a divorce decree can
be granted. The majority of agreements are done by way of a Separation
Agreement, in which both parties have agreed upon the details. The
Separation is a legally binding document, and is the preferred option
to agreeing finances, etc. Only around 3% of disputes reach the
courtroom.
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