can i get a diy divorve under scottish law/

there is a child under 16 but it is all very amicable

Divorce under the simplified procedure is only possible when there are no children under 16 and no financial matters outstanding. You will need a solicitor to prepare a writ and apply for an ordinary divorce so the court can see arrangements for the child are adequate.

Where both parties are in agreement the action proceeds as an undefended divorce. Sworn statements are usually provided by the divorce applicant and the solicitor submits the statements to the court. The judge examines the case in private and the divorce decree will then be granted unless the court requires further information. See;

http://divorcesurvivor-fiona.blogspot.com/2008/02/ordinary-di vorce-procedure.html

Hi, Do you know where I can get a template for an Ordinary Action, can't get a simplefied divorce, and don't see why I should pay big bucks for a lawyer, have no money or childcare issues.
Hope you can help. x

When you say "template", what is it that you are meaning?

The ordinary divorce procedure does involve having to engage a solicitor - there is no way round it.

The procedure for Ordinary Divorce is thus -

The action begins with the solicitor for the pursuer drafting the summons (Court of Session) or initial writ (sheriff court). This is a formal document stating all the facts which is sent to the court. A copy is sent to the defender who then has 21 days to seek legal advice and consider their response. When adultery is being used as a ground for divorce, a copy is also sent to the third person involved if he or she is named in the summons or initial writ.

UNDEFENDED DIVORCE Where both parties are in agreement the action proceeds as an undefended divorce. Sworn statements are usually provided by the divorce applicant and the solicitor submits the statements to the court. The judge examines the case in private and the divorce decree will then be granted unless the court requires further information.

As you say it is "amicable", Ive not included details on a defended divorce.

You will both need to write Statements to the Court, regarding the financial and child arrangements, as these are resolved before a Divorce action can be raised - but your solicitor will advise you further on this.

The cost of a solicitor can not be avoided when having to raise an Ordinary Divorce action - but if you are both in agreement with asset division and child arrangements, then it shouldnt cost that much. Most solictors offer a free intial consultation - if you do go along to a free consultaion, write down all your questions beforehand, thus making good use of the free time.

Hope this helps

Ruby

OR

If the child is nearing his/her 16th birthday, you could until after that event, then a Simplified Divorce (which you can do yourself) would be appropriate.

Try this website for some forms. They are skeletal but are a start.

http://www.scotcourts.gov.uk/library/rules/ordinarycause/form s.asp

I dont like to disagree with Ruby but I have been told I can self rep (though it is not advised) in Scotland and I am currently acting for myself!
Good luck
Prof, x

I answered this on another thread.


Ruby is spot on there is no template and the cost of an undefended Ordinary divorce usually isn't too bad. I don't know what your circumstances are, but if you divorce citing unreasonable behaviour or adultery there is a strong burden of proof required. Also usually the finances need to be dealt with before the divorce is granted. It isn't just possible to read the rules and procedures to understand them and using a solicitor is to be recommended.

An Ordinary Cause is started in the Sheriff Court by an initial writ in form G1. There are rules such as it must be typed or printed on durable quality A4 *unfolded* paper, must say certain formal things regarding, for example, jurisdiction. Although it isn't related to divorce an example of what an initial writ is British Railways Board v Strathclyde Regional Council, 1982 SLT 55 if you can access it.

You need to list in numbered paragraphs the facts which form the ground of the action and numbered pleas ie details of the case. These are tailored to the individual circumstance so there can be no template. Rules of pleadings are somewhat mysterious and writing them requires some skill. Greens Litigation Styles contains styles of written pleadings and you might find Chapters 3.1 & 33 Ordinary Cause Rules 1993 available at scotcourts website useful. There again you might not!