Talk

Advanced search

Scottish Divorce - what does this mean?

(4 Posts)
creativevoid Sat 23-Apr-16 13:03:38

Just got my divorce decree through yesterday (yippee!). It says the sheriff granted decree "dismissing the pursuer's second, third, fourth and fifth craves." ExH is the pursuer. Any ideas? It has been a VERY acrimonious divorce and his lawyers are a nightmare - did they try to slip something in?

fourpawswhite Sat 23-Apr-16 13:09:24

Hello

You should have received a copy of the original document, called an initial writ. Various notices come with it giving you 21 days if you wish to defend. Crave one will have been divorce, two, three four and five could have been to do with financial settlement and children. For example, a capital sum or pension share, a contact order or a ailment payment. Five will have been seeking expenses against you in the event of you defending it, standard to stick in at the outset.

If these have all been dismissed, only divorce has been granted. Looking back at the initial writ will tell you what has been dismissed.

creativevoid Sat 23-Apr-16 14:19:28

Thanks for that. I haven't seen the initial writ - guess I'll need to check with my lawyer. I can't imagine what they could have asked for as everything was agreed in advance as part of the financial settlement and the child custody is the subject of a court order - that's why the presence of the craves and their dismissal makes me nervous.

fourpawswhite Sat 23-Apr-16 15:54:03

No problem. I am a family solicitor in Scotland.

Sometimes an action is raised, then financial matters get agreed separately, then just the divorce proceeds. Ask your solicitor for a copy though just for peace of mind. Whatever it was it has been dismissed so doesn't sound like it's anything to worry about.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now