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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.
The Spouse (husband/wife) of the client The Justice of the Peace or Notary Public
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 Justice of the Peace or 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. Once all the information is collated, you will be asked to swear an Affidavit confirming the information given by you with a Justice of the Peace or 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.
The Justice of the Peace or Notary Public Once all questions are answered and the action served on the Spouse , MyScottishDivorce SM produces for you, the Client , affidavits to be sworn by you and the witness. The persons, that you can go to, who have the right to administer oaths and swear affidavits on behalf of Her Majesty, the Queen, are Justices of the Peace or Notaries Public. Justices of the Peace are lay (not legally qualified) judges appointed to sit in local courts. A list of them and how they can be contacted is usually held by the local Sheriff Court. You, the client, should telephone the Court at any early point to see whether the JP needs an appointment and how they want to be contacted at the appropriate time. Some may see you at their home and some may want to see you at the court. They are more likely than a Notary Public to see you out of office hours. They do not charge a fee for swearing affidavits as they are unpaid volunteers and see it as a public duty. 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. For either a Justice of the Peace or Notary Public, 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 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. |
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