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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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The of adjustment in my partners writ/ action for the

Customer Question

The period of adjustment in my partner's writ/ action for the financial split of the marital assets to allow his divorce, ends this Friday. His solicitor has not been given any info thus far as to any adjustments. The only info we have was from her defence against the action which both his solicitor and his wife's, said was unrealistic and unlikely to be upheld by the sheriff. My question is , what happens when the adjustment period ends? Should his solicitor have been informed of his wife's defence/desire for the percentage of the marital assets prior to the end if adjustment? If we receive no info what then? Her solicitor informed us that her client wanted 'a break' from the proceedings and had been advised she would not hear from her client again until she decided she was ready to. His wife has since said to my partner that she is changing solicitor, but this info has not been verified by our solicitor. We feel totally in the dark.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The action could go in a number of ways. If the lawyer withdraws it will take time for another solicitor to get the files and the procedure will be delayed.

If the adjustment period is near the end then the case may have to be continued for further adjustment. The rules of court allow for one continuation of the options hearing and thereafter the case can be set down for proof or alternatively the case can go to additional procedure if the case is complex.

It is also the case that, even after a full hearing is fixed, either party can apply to the court to amend the written case.

So from the initial defences the case can go in several directions. Notwithstanding the court rules, the sheriff has the power to "indulge" the parties. The procedure is different in every case. However, the courts will not allow a party to unduly delay the proceedings.

Every case is different. Your partner should be asking his solicitor for an opinion as to what is likely to happen with his case. I suggest from your narrative that your partner is becoming a little frustrated at the delays. He should seek a meeting with his solicitor at an early stage.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
HiThanks for your answer. Yes, he is very frustrated as he had to get a contact order to communicate with his girls as she prevented them from talking to him except during the hours of 5-pm and 7pm. We have had to deal with her delay when she challenged the legal aid board's decision not to grant her aid (which the sheriff lifted as he felt too much time had been wasted as it was) and she has now sent defamatory statements about me to him. It is frustrating as we are aware that none of this will have any relevance in court. He made a fair offer to her which he hoped could avoid going to court and were told she was coming back with a counter offer which we have never received -for the reasons stated above. His solicitor just keeps telling us to trust him and while I feel he is very competent, I feel that there are many questions that he avoids answering. My partner is very unwilling to 'put him on the spot'. It seems as though we will never have a clear indication as to when the divorce will finally come to an end. I should clarify that my partner is the pursuer. Her original defence stated she wanted a large sum of money and the right to stay in the marital home until 2019.
Expert:  JGM replied 3 years ago.
I think it might be time for you to instruct his solicitor to put the offer to her solicitor with a time limit or acceptance and also make it clear that if she doesn't enter into sensible negotiations she will pay the penalty in court expenses you see, it is always the case that if a party in a family action is seen not to be trying to get the case settled in a sensible way, the court can find that party liable to the other in expenses so any award of financial provision could be reduced accordingly.

In summary I think that your partner may want to consider playing "hardball" rather than letting her get away with her current behaviour.

Those are my observations only from your narrative. I appreciate that others may have a better handle on the case overall.