I'm scottish.I married my English husband in 1986,in England. I left with the children in 1999,due to marriage breakdown. A scottish solicitor told me,approx 11 yrs ago,that I would have to go through English laws to divorce him. Hence I have'nt. There has been no effort on his part to reconcile. This is stopping me getting on with my life. I dont know how to set a divorce in motion. I think I'm entitled to Legal Aid.
Province/Country relating to question : UK
Thank you for your question.Do either of you or your husband live in Scotland? What ages are the children now?I hope this helps. Please leave a positive response so that I am credited for my time.
Yes. Me and the kids live in scotland.The kids are 22 and 25. My 22yr old still lives with me. 25yr old is married. He's only been up once to see the kids...3 yrs ago for daughters marriage. I'd to pay for son to go down to visit him every 2nd year. My lass went down for 2 yrs,then wanted back here. My expence to go and get her.
If there are no financial matters between you and him which remain outstanding then you can raise proceedings in your local sheriff court under the simplified or "quickie" divorce procedure.You fill in a form SPB which you can get here:www.scotcourts.gov.uk/library/civil/divorce/forms_after_Feb2007.aspYou have to fill in the form and get Part 2 notarised by a solicitor and then take the form, your marriage certificate and the court fee to the court. They will do the rest and the divorce would generally come through within 6 - 8 weeks.Whoever told you that your divorce had to be raised in England was wrong.I hope this helps. please leave positive feedback so that I am credited for my time.
27 years as a practising solicitor.
How much will court fees be? Will I be able to get Legal Aid? Does ex husband have any ground to object a divorce after so long?
The court fee is £95.You don't get legal aid for a divorce like this on the basis that you are supposed to do it yourself and don't need a lawyer.Your husband can only object if the divorce would cause him grave financial hardship. Unlikely after so many years.
So I've had this on my shoulders for all these years, and could have had it sorted then.!!! Great. Many many thanks for your help. I will click for the form. Take care,and keep up the good work. Barb
I cant get into the form. Can I get one from CAB or the court?
You can get the form from the court but you should be able to open it online. I have just tried and the link works fine.
I'll ask my son ...I'm hopeless. Thankyou very much again.
I picked up a form from the court yesterday...had a chat to the woman there.I can get an honorary person from there to sign for me.. You were spot on with your advice and help. I came away smiling big time.....hahaha Thankyou so very much. Happy life to you.
You are welcome
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