Scottish Divorce Lawyers Scotland
Who does what?
The system of divorce by way of affidavit evidence is designed as a cheap and efficient way of ensuring that no divorce is granted until there are assurances in place that the welfare of the children has been safeguarded.
To produce a swift and inexpensive system requires all parties to fulfil their role efficiently.
These are the main players.
You login to our secure system and give us the information that we need to secure your divorce. This is done by answering the questions posed on online forms. The feedback that we have tells us that this is easy and you should have no concerns about it. In the unlikely event of problems then you will be able to ask your Paralegal for help.
You will also have a special page on our website where you can see the progress of your case and ask questions.
Once all the information is collated, you will be asked to swear an Affidavit confirming the information given by you with a Notary Public .
The Solicitor has the ultimate responsibility to make sure that the documents submitted to the court will result in a divorce for you and that his duties to the court to ensure that the documents submitted are correct have been fulfilled. He is assisted by the paralegal .
The Paralegal has a very important job. All of our Paralegals have been awarded the appropriate qualifications and have been trained in the relevant practical skills.
The Paralegal is the first to examine the information that you have provided and will take a view on whether further information is needed. If unsure, the Paralegal turns to the Solicitor for advice.
Once they are satisfied they work on the papers required by the court and present these to the Solicitor for examination and/or signing.
The Paralegal is also there to give advice to you, the client, if you are unsure of anything.
You will be emailed with the information needed to log in to our secure system.
There you complete forms (in the same way as the client did) telling us about the client and his or her children. The feedback that we have tells us that this is easy and you should have no concerns about it. In the unlikely event of problems then you will be able to ask the Paralegal for help.
Once all the information is collated, you will be asked to swear an Affidavit confirming the information given by you with a Notary Public
The Spouse (husband/wife) of the client
You will be emailed with the information needed to log in to our secure system. There you will be given advice about taking separate legal advice and then asked to confirm whether you are willing to co- operate.
There are only 2 questions to answer and it is very simple.
After that you sit back and wait for your divorce.
A Notary Public is a Solicitor. Most, if not all, Solicitors are Notaries Public. He or she is available to be seen by appointment in their offices during normal working hours. Since this work is part of their normal legal work they will charge a fee, normally around £25 per affidavit.
It would be easier (and, possibly cheaper) if both you, the client and the witness attend together.
The Sheriff Clerk is the Sheriff’s assistant and is a very important part of the system. Whenever papers are lodged with the Court it is the Sheriff clerk who examines them and he or she acts as a filter. If there are problems with the papers they may not get as far as the Sheriff before being rejected.
The Sheriff is the ultimate arbiter.
If the Sheriff Clerk believes that all appears well, the papers are placed in front of the Sheriff who makes the final decision about, for example, whether a divorce should be granted.
The Sheriff, if unsatisfied, could demand personal attendance at court by you, the client or the witness. This is very rare.
The system of affidavit divorce is designed as a cheap and efficient way of ensuring that no divorce is granted until there are assurances in place that the welfare of the children has been safeguarded.
The Sheriff treats this matter very seriously and it is, therefore, most important for you, the client and the witness to give full information and, if unsure, as to whether something is important to contact the Paralegal.