DIY Divorce Resources

Divorce - The proceedings to dissolve a marriage are known as divorce proceedings and these are separate from Ancillary Relief proceedings, which are concerned only with resolving the financial matters

Many of us are in a state of shock when we start the divorce process. You don't really take it all in at first. Its not until much later that you can look back and start to put it all in perspective, and draw out some key learnings.

This site provides a single access point for information relating to civil and criminal courts within Scotland, including the Court of Session, the High Court of Justiciary, the Sheriff Courts, Justice of the Peace Courts, District Courts and a number of other courts, commissions and tribunals.

Details of recent significant judgments are posted on a daily basis; as are details of cases due to call in the Court of Session and the Sheriff Courts. The information provided on the site includes court rules, contact numbers, advice and location details. The site is managed by the Scottish Court Service which is an Agency of the Scottish Government.

An Act to make provision for protecting persons from harassment and
similar conduct.

You do the usual court header, with Skeleton Argument of the Applicant (or Respondent depending which you are)

And then you do subheadings which are:

Background - this only has to be a paragraph or two, and should be the ages of the parties,the ages of the children, the length of the marriage etc.

Applicable Law - this is Section 25 Matrimonial Causes Act 1973 (as amended) and a list of any case law you are using;

The Argument - This is the main body, and which is where you set out what you think should happen and why. In mine, I quite often insert section 25 MCA and give a paragraph on each subsection as to how that has an effect. You can download the section 25 criteria here:

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=56&NavFrom=2&parentActiveTextDocId=1476155&ActiveTextDocId=1476202&filesize=14957

Summary - This is where you summarise your case, and the final paragrah should be along the lines of:

Accordingly the Applicant (or Respondent, if that is you) seeks the following order:

And then set out the order, in money terms, that you seek, i.e.

A lump sum of £50,000 to the Applicant;

Transfer of the matrimonial home to the Applicant;

A 50% pension sharing order of the XYZ pension numbered 123;

Transfer of the ABC policy numbered 124 to the Respondent

etc etc.

If you don`t have a solicitor can you claim for costs?

How to complete form A

This article contains a complete list of links to downloadable forms used during divorce, ancillary relief, child contact and residency, and separation cases.

This is a brief guide on how a litigant in person should approach skeleton arguments and cross examination at an Financial Dispute Resolution Hearing or Final Hearing in Ancillary Relief.

An easy guide to filling in a Divorce Petition Form D8

A step-by-step guide to managing the transfer of deeds - particularly useful to LIPs - aimed at making the whole process more comprehensible.

A flow chart of options available

This is an excellent site to help you with every aspect of your divorce an prepare you for what may be ahead.

Court Fees - a link

Alexander Chandler, of 1 Garden Court, provides tips and guidance on the use of pre-nuptial agreements after Crossley