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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10253
Experience:  30 years as a practising solicitor.
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initial writ for divorce

This answer was rated:

My simplified divorce form has just been rejected by the court for the only reason that my spouse has bipolar.  


 


I would like to do this myself, as I already have the separation agreement signed (by both parties) and dated back in April 2012 and do not wish to concur more solicitor fees.We have lived apart for more than one year and there are no children and no financial ties remain between myself and my husband.


 


I am applying for divorce under Irreconcilable differences, if preparing the writ myself do I have to provide evidence of the reasons why the marriage broke down? or do I just state that as the reason for divorce.


 


Regards


Karen

Thank you for your question.

You would have to know how to draft , lodge, warrant and serve an initial writ, by sheriff officer if you are doing it yourself, check for expiry of the period of notice, draw up corroborating affidavits, get them executed and signed along with the marriage certificate, prepare a Minute for Decree in standard terms and then lodge everything with the court along with the statutory fee.

A solicitor will charge you about £1200 plus VAT plus the court fees to do all of this and get your divorce. If you qualify for legal aid your costs may be covered in whole or in part.

It can only be contested if you raise on the ground of one year's separation with consent. it can't be validly contested if you have a Minute of Agreement and have been separated for more than two years.

The procedure is ordinary action procedure. Unless you know what you are doing you can't do this on your own and will need a solicitor.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi thank you for your reply just a couple more questions in relation to your answer.


 


When you say "draw up corroborating affidavits" what do you mean by this?


 


I take it executed and signed means by a justice of the peace? and the Minute of Decree are the reasons for the marriage breakdown. He was physically abusive to me and my mother - would this mean that I am required to provide witnesses (as I never contacted the police).


Regards Karen

Corroborating Affidavits are sworn statements by the party to the divorce and at least one other witness confirming the grounds of divorce and the facts needed to prove the divorce. The underlying principle is that the marriage has broken down without a prospect of reconciliation and this has to be proved on the basis of adultery, unreasonable behaviour or that the parties have been separated for one year and the other party consents to the divorce or that the parties have been separated for two years and the other party cannot establish that the divorce would result in financial hardship (you said there was an agreement).

So your grounds would be hopefully 2 years separation without consent required. This is the easiest ground but you still need you and a witness to prove the period of separation. Formal affidavits have to be drafted.

Affidavits should be signed before a Notary Public. The Minute for Decree is the document that asks the court to consider the evidence contained in the affidavits etc and grant decree of divorce.

As advised there are standard ways of dealing with divorce actions and if you are not acquainted with the court procedures you should see a solicitor. It might cost you in fees but the job will be done right. Like any specialist procedure (would you service your own car?) you can't be expected to know how to do it all.

Happy to discuss further.