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Original poster

Wanted: Divorce (Scottish divorce!!)

14 replies

Nixz · 22/04/2008 13:03

My DP wants a divorce, we have been together nearly 10 years (about time!!) and he was only married for a matter of months.
There are no children in his marriage and no finacial commitments.
We have seen a webpage for a Scottish Family law firm who sort everything out for us for about £180 but are a bit unsure of doing something like this over the internet!
How else would we do it? We both live in England.
Can anyone help?

OP posts:
cyberseraphim · 22/04/2008 14:42

I am sure there must be English law firms who offer a similar service but apart from that, I don't see why a Scottish couldn't do it for you. The petition would have to be lodged with the English Court but if they are offering UK wide service, I would imagine they have contacts lined up to do this for you. Anything web based should be checked out though - Are they saying that they are an established practice?

Original poster
Nixz · 22/04/2008 17:28

I have spoken to the Scottish CAB and they have told me what to do. Its actually very easy, I have downloaded some forms, we need to send them off to the local sheriffs office in Scotland, with the marriage certificate and £70 and it takes 4 - 6 weeks!
I hope it really IS as easy as that!

OP posts:
K999 · 22/04/2008 18:55

It should be very simple and you should be able to proceed by way of 'simplified procedure' since there are no children or financial aspects to it. He is way past the time limit for consent so everything should be very straightforward! Good luck.......I have still to sort mine out.....!!

K999 · 22/04/2008 20:27

Hi, sorry am not really familiar with your childminding thread.....are you working out of your own home? how many are there of you and are you employing these other people or are they working for you (on a self-employed basis)?

wrt to the fact that your home cannot be used as a place of business, have you checked to see what your title sheet says? Normally there is a clause about this but you may be able to get round it.....

From first glance, the legislation seems to be saying 'altogether'....

My mum is a CM (in Scotland) and she has another full-time CM working out of her premises but my mum 'rents space' (so to speak) so there is no issue there. My mum is registered with the Care Commission (Scottish equivelant) I think of OFSTED but I know that they keep her right wrt to legislation etc. The Care Commission are the same org who regulate private nursery provision in Scotland so if I were advising someone in Scotland re the legislation I would prob point them in the direction of them....

My mum did not have to register with the CC wrt to being a CM but I know she did it because she has marketed her business as a "nursery setting within a home environment"...although in saying that she does not have to follow 'nursery curriculum'.....hope this is making some sense...

K999 · 22/04/2008 20:27

ooohhhhh...sorry.....wrong thread!!!

meep · 22/04/2008 20:31

Nixz - your dp should be able to do it all himself without a solicitor - on the basis of 5 years separation. If the wife objects the divorce won't be granted - but if she doesn't it will all go through. Follow what the CAB have told you - it shoudl be as easy as they say. Good luck!

K999 · 22/04/2008 20:32

the law has now changed and it is now 1 year with consent and 2 without...

meep · 22/04/2008 20:35

oops - sorry - I was a family lawyer in a former life ie/ about 7 years ago - humble apologies!

K999 · 22/04/2008 20:42

lol......well, that is the position in Scotland (!!??) I think!!!!

Christ, the law would be easy to study and understand if it did not keep changing!!!

meep · 22/04/2008 20:44

It is indeed the law in Scotland - my colleagues can verify it - and if I had been listening more closely at their last seminar I would have remembered

K999 · 22/04/2008 20:51

God Meep, whoever listens at a seminar????

Original poster
Nixz · 22/04/2008 21:42

On the application form, it states that one of the following must sign as a witness - who could we ask?????
"justice of the peace, notary public or commissioner of oaths."

OP posts:
K999 · 22/04/2008 21:49

you can ask a solicitor to sign the form.....check to see whether they are a notary public or not.....if they are, you can go in and ask them to sign it. They will charge a fee but I think that its about £25ish....

Original poster
Nixz · 22/04/2008 23:19

I there anyone who would do it for free?
DP is in the forces, is there anyone there that could do it?

OP posts:
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