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Frequently Asked QuestionsMy children do not live with me. Why cannot I use your service? Can I pay on behalf of someone else? My spouse and I have not yet agreed everything. Why can’t I use your service? What is the do it yourself procedure? What is a separation agreement?
My children do not live with me. Why cannot I use your service? MyScottishDivorce SM is both inexpensive and quick because we have a standardised and simplified divorce system. Where the children do not live with the applicant, this is more complicated and, thus, more expensive to deal with. In your circumstances, you have two options. You could ask your husband/wife if they would use the system and, if appropriate, you can pay for it. Click here if this is of interest. If, however, that does not appeal then you will have to use a Solicitor at normal rates. For that option, click here.
Can someone else pay for the service? Certainly. Whilst we would prefer that they give you the money and you settle with us, nevertheless, if they wish to pay us direct, they can do. You can discuss it with them and/or or you could send them an e-mail about this by click here
Can I pay on behalf of your client? Certainly. You can pay all or part of the cost. To make your payment, click here
My spouse and I have not yet agreed everything. Why can’t I use your service? In Scotland, the law is clear. No divorce will be granted until the court is satisfied about the welfare of the children. That being so, the law requires that there be no disputes between you and your husband/wife about the children or about money before divorce is granted. You can raise court proceedings before you have agreed everything but this is an expensive option and, normally, not recommended unless there is no other option. You would be as well to read our guide to Divorce in Scotland which will explain how it works in practice. Once everything is agreed, divorce can be inexpensive. If there are no children under 16 then you can do it yourself. If there are children under 16 then MyScottishDivorce SM is the service for you.
What is the do it yourself procedure? If you have agreed everything with your husband/wife, there are two possible types of divorce. If there are children under 16, then MyScottishDivorce SM is the service for you. If there are no children under 16, then you can do it yourself. See our guide to Divorce in Scotland which will explain how it works in practice.
Whether you are separated or not is a question of fact. You may be physically separated but you can also be separated and living under the same roof. The day you stop living as man and wife is the day that you are "legally separated". It is from this day that the clock starts ticking for the one and two year period of separation required for that type of divorce. It is, accordingly, important to record that date. There must be no sexual intercourse nor can either of you provide services normally expected of a husband and wife for the other. For instance, no cooking meals for each other or fixing each other's cars. This is not to stop you providing services which are for the benefit of the children.
What is a separation agreement? A separation agreement is a formal written document which, once you and your husband/wife have agreed the arrangements for the children, money and other property, is prepared by your respective Solicitors and signed by you both. It is a contract and enforceable. Assuming that you and your spouse have used Solicitors to prepare the separation agreement, you can normally be reassured that you have dealt with everything that needs to be agreed. Whilst it is perfectly possible to enter into a divorce without this, there is the possibility that you might have missed something. An example would be pension provision where, typically, a layman would not know how this asset would be split. If you enter into a divorce without investigating whether, for instance, you could obtain a share of your spouse’s pension, you could lose out.
We do not offer Legal Aid. A list of Civil Legal Aid Solicitors can be accessed from the Scottish Legal Aid Board |
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