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Simplified Divorce in Scotland
glasgowath
Posts: 1 Newbie
Good Morning,
I have just signed up and I am looking for further information in regards to divorce in Scotland as I have read a lot about it online but I am still slightly confused.
I don’t really want to go into the reasons for the breakdown, we’ve been married since August 2010. We’ve now lived separate lives for over a year and there is not really any chance to get back on track so the decision is final.
To save hassle and money and since do mutually agree about the divorce we’ve thought about going down the ‘simplified procedure’ (or the DIY as they say) under the one year separation rule. In regards to this though I do have several doubts and questions.
My first area of concern is what would qualify as a year of separation and how much proof needs to be provided. For example: do you need to provide any proof that you’ve had separate lives such as tenancy agreements for property since I moved out, etc. – or as long as the defendant in the divorce agrees to that fact then no more info is needed?
Secondly, I am also concerned regarding the costs. We want to do this via the simplified procedure as we really do not have any financial disputes to come into agreement about or children under 16, so the main idea is to keep the costs of the whole process as low as possible and avoid solicitors. I know the application for the simplified divorce is £101 and the officer’s fee for the sheriff is £11. Are there any other costs for the simplified procedure besides these fees?
Thirdly, I know there is exemptions for the fees. In my case I work full-time and I earn £17500 which is slightly over the threshold for working tax credits and my ex-partner was getting income-based benefits however has started part-time employment recently which I believe would be for minimum wage. Would we qualify for any exemptions on that basis?
Just looking for a bit of clarification in regards to these three facts.
Many Thanks
I have just signed up and I am looking for further information in regards to divorce in Scotland as I have read a lot about it online but I am still slightly confused.
I don’t really want to go into the reasons for the breakdown, we’ve been married since August 2010. We’ve now lived separate lives for over a year and there is not really any chance to get back on track so the decision is final.
To save hassle and money and since do mutually agree about the divorce we’ve thought about going down the ‘simplified procedure’ (or the DIY as they say) under the one year separation rule. In regards to this though I do have several doubts and questions.
My first area of concern is what would qualify as a year of separation and how much proof needs to be provided. For example: do you need to provide any proof that you’ve had separate lives such as tenancy agreements for property since I moved out, etc. – or as long as the defendant in the divorce agrees to that fact then no more info is needed?
Secondly, I am also concerned regarding the costs. We want to do this via the simplified procedure as we really do not have any financial disputes to come into agreement about or children under 16, so the main idea is to keep the costs of the whole process as low as possible and avoid solicitors. I know the application for the simplified divorce is £101 and the officer’s fee for the sheriff is £11. Are there any other costs for the simplified procedure besides these fees?
Thirdly, I know there is exemptions for the fees. In my case I work full-time and I earn £17500 which is slightly over the threshold for working tax credits and my ex-partner was getting income-based benefits however has started part-time employment recently which I believe would be for minimum wage. Would we qualify for any exemptions on that basis?
Just looking for a bit of clarification in regards to these three facts.
Many Thanks
0
Comments
-
You need to be separated for one year with the others permission or two years with no permission from the other party. The simplified divorce from what I can mind would not be open to you since you have children.
Best bet is go to you local Sheriff court and ask for the forms, have a read and see. But a think due to you having children the quick divorce would not be open.
Some lawyers offer a free half hour interview. Your ex might be able to have the divorce done for free! This is a link to the civil legal aid calculator for Scotland:
http://www.slab.org.uk/public/civil/calculator/index0
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