can i get a diy divorve under scottish law/

Hi Fiona

I am acting for myself so I am not sure what you are referring to. I don't have a Scots lawyer, we have two kids and I am dealing with his solicitor. However we have been separated for 4 years and so the divorce is uncontested. His lawyer has raised an Initial writ even though we have not sorted the finances!!!! I know this is highly unusual and took it up with his solicitor but he suggested there are many such cases!!! Anyway I want to be divorced so did not raise a defense Form F26 as was my right. I rang the Sherrif's Court and whilst accepting it was not usual I was told i could lodge the F26 myself if i desired! I chose not to contest the Writ since it didn't deal with any financial matters.

I am not trying to be difficult but surely it is not possible to deny self representation? This would be against the Human Rights Act surely? I realise the Scots profession make it as difficult as possible to avoid employing their members (I have to admit it seems an incredibly male-gendered law!)and that if things got difficult it may be practically impossible. however I am negotiating with his lawyer, have rejected his schedule of assets (with reasons) and submitted a revised version and I am curetnly arguing for a non-equal split ­base­d on a number of points. I am astounded at how little some lawyers seem to know as I have raised a couple of legal points which his solicitor was simply unaware of and could not (yet) refute. I am not saying I am winning but I am not losing!

Could you point me to where exactly it says we cannot self rep under Scots Law? Thanks

Hi Fiona

Is it that it is very difficult to self rep or do you understand that the possibility is precluded under Scots Law?. If the latter, I suspect Scotland is in breach of the Human Rights Act!

Of course it has been made incredibly difficult to self rep under Scots Law but we should not be bullied if we feel we have the motivation and ability to self rep! Indeed there is surely a principle here that Scots law should not be allowed to get away with? If we cannot self rep, we should raise this with our MSPs, MEPs and MPs as it is not acceptable and we shouldn't accept it! For those of us who think we are better off arguing our own case (admittedly probably only a few of us) the position as Fiona describes it, is surely unjust?.

Thanks gain Fiona for your valuable input.

Prof, x

Whoaa, I didn't say it wasn't possible to self represent, just that it is difficult. Writing the documents to present to court in Scotland is rather like writing a consent order in England. Although people can represent themselves most will require the help of a solicitor. It is possible to divorce before the finances are settled but if you don't understand the system you can find yourself disadvantaged. Remember your husband's solicitor is there to represent your husband's interests.

You may well be right about the system, but there is no point in wishing it is different when it isn't. We all need to work within the system as it is at the time we divorce. You do appreciate that there are very few recent court imposed financial settlements with most settlements haggled between solicitors either out of court or in the court corridors, don't you?

PS It hasn't been deliberately made difficult for people to act as party litigants. The problem is more that the current court rules and procedures are ­base­d on ones which date back some 80 years.

Earlier this month Lord Drummond Young, chairman of the Scottish Law Commission, voiced concern that the Scottish Government has consistently failed since devolution to implement the Commission's proposals for reform.