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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Any lawyers out there? Is non consent unreasonable behaviour?

6 replies

turnedabout · 12/02/2020 11:57

Hi Mumsnet

Just wondering if any Scottish law divorce experts can opine please?

If you don't consent to signing divorce papers (at one year separation, instead wait for 2 years and divorce goes through as non consent and minimal costs without court case etc) can that decision be taken forward in court as unreasonable behaviour?

I thought consent was absolute- it can't be called into question...?

Thanks very much XX

OP posts:
turnedabout · 12/02/2020 16:38

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OP posts:
turnedabout · 12/02/2020 21:21

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OP posts:
user1019273703 · 12/02/2020 21:26

Hi OP, cant answer this but have you tried posting on legal?

turnedabout · 12/02/2020 22:04

Ah right - yes will try that!

OP posts:
DeborahParis · 15/02/2020 11:55

Hello Mums net community, so nice to be able to post and share some my divorce challenges. I have been trying to negotiate a settlement with soon to be ex husband and solicitors. I feel like My solicitor is pushing me to sign a consent of order including a settlement and clauses/conditions to receive this settlement from my ex which are not in my best interest, ie I’d have to wait for him to sell the property whilst it seems that he has other options to give me the settlement which he refuses to consider. So my issue is that my solicitor is telling me I have no grounds to go to court and settle the matter at court whilst I feel that this divorce has been taking 2 years & we haven’t been able to find a common ground....the only agreement we have found is on the settlement money but no deadline for him to give me this settlement has been firmly agreed. So I feel that the matter would get settled at court much quickly and the court would enforce it & compel him to respect deadlines. My sollicitor is encouraging me to continue negotiating with my ex whilst this process has been taking 2 years and I have spent thousands of pounds already m. Has anyone had to go to court for their divorce and what was your experience of it? Thanks ever so much for your help, I’m in desperate need of advice. I’m grateful for your help

turnedabout · 15/02/2020 12:11

Hey @DeborahParis I think you will get more responses if you post your situation on a new thread rather than tagging into the thread I started- as you can see I didn't get any responses at all!
Good luck OP

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