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Divorce without lawyers

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  • Worried_fool
    Worried_fool Posts: 173 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    I don't think that his insistence on doing things through his lawyer means that he is being awkward.

    Anyway, Sister will need a solicitor but should instruct her/him to seek an agreement rather than fight. Costs should then be reasonable.

  • RAS
    RAS Posts: 36,681 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Let's clarify. Simplied divorce in Scotland incurs a small fee depending on the court used, can be initiated by either party and is easy to DIY. It's still possible after 2 years without consent from the other party. But it is only possible if there are no financial matters to sort out.

    If you are used to English law, it may be surprise to learn that the husband's statement could just be factual not about causing an unnecessary arguement. In Scotland, ordinary divorce is more complex and generally requires legal support.

    The financial settlement is another issue where ever you are. You'd be unwise to go far with this without at least one consultation to make sure you understand your rights and what information you need to share and expect to be shared before negotiation.

    And you'd need a lawyer to check any financial settlement even if you agree the split. Specific phrasing can have consequences the lay person just may not understand.

    In this case, I'd suggest the sister needs to try and understand what's biting the ex.

    She may be doing herself out of a proper share in assets if she just wants the house but is the ex unhappy about the decision to split, doesn't want a new partner in their house, doesn't think she can refinance the house etc?

    Once that becomes clearer, it may be easier to devise a strategy, which might include getting more by agreeing to sell the house?

    If you've have not made a mistake, you've made nothing
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