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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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Good day, I have been separated from my wife for 18 months.

Resolved Question:

Good day,

I have been separated from my wife for 18 months. We have two children 8 & 12.

We have a very good agreement in place regarding financial and childcare arrangements.

I would like get divorced, please can you advise the most financially economic way to proceed.

Please note that we are English both living in Aberdeen.

Thank you for your help.

Robert Saggars
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Because you have children under 16 you can't use the simplified procedure or quickie divorce because in terms of the court rules the court has to be given evidence that arrangements for the care and maintenance of the children are satisfactory.

For that reason you have to use the ordinary divorce procedure and for that you do need a solicitor to draft the initial writ, the inventory of productions and the affidavits and minute for decree. You can seek divorce on the basis of a separation for a period exceeding a year and your wife would send a form of consent to the court after receiving service of the divorce papers.

£400 for a half hour consultation is a lot. I presume there was some other work involved such as confirming advice in a letter for instance.

In any event you will not be able to do an ordinary action of divorce in the sheriff court without learning the rules and being able to draft the papers. Typically the costs would be about £1500 - £1800 but you can shop about for quotes as different lawyers charge different rates.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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