Undefended Ordinary Divorce
If you are simply raising an Ordinary Divorce (and have children under the age of 16) with no financial claims the undefended procedure is relatively straightforward:-
- We will prepare the divorce application (Initial Writ) to lodge at your local Sheriff Court. We then require the original Marriage and Birth Certificates for any children.
- The application is rubber stamped by the court, authorising us to serve the writ on the spouse.
- We send a copy of the writ to the other spouse by recorded delivery.
- They have 21 days from the date they receive all the paperwork in which to oppose the application.
- After the 21 days has elapsed (and no opposition has been lodged) we prepare an affidavit for you and a witness (friend/family member who is aware of the general nature of your separation and arrangements for the children) and send those along with the other papers back to court.
- If everything is in order the court then grant the divorce and issue a Divorce Decree (in effect, a divorce certificate)
The average turnaround for an undefended Ordinary Divorce would be around 10-12 weeks. Our fixed fee is £719.17 + VAT (£863 total) plus court fees of £237. The total amount is £1,100. Please note that the Affidavits require to be notarised by a Notary Public. If you are local to us you will attend the office to sign them. If you are not local to us you will need to attend with a local solicitor who may charge for notarising the documents.
We would be more than happy to be your divorce solicitor and guide you through the process.
Defended Ordinary Divorce
Ordinary Divorces can be defended for a few different reasons. There could be a dispute about residence/contact regarding children, the other person may not accept the grounds of the divorce or the other person may want to make a financial claim. If the divorce is defended then this engages court procedure with various dates assigned. If matters are not subsequently agreed then you may, in due course, have to attend court.
We do not offer fixed fees for defended divorces because each case is different and follows its own path. Your case may resolve fairly quickly or it may take months or even years and we cannot commit to fixed fees in these instances. What we will say is that we will make every effort to conclude matters as quickly as possible, whether you are pursuing or defending a Divorce action, and fight your corner every step of the way.