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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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Can you please advise how quickly a court date can be set

Customer Question

good morning, can you please advise how quickly a court date can be set for a divorce hearing, a simplified application was made but was contested even though all financial matters were agreed 3 years ago, in writing but not a minute of agreement signed. there are no children under 16 involved. All the relevant financial papers have been sent to my wifes sol but they do not respond to any correspondence. thank you
Submitted: 5 months ago.
Category: Scots Law
Expert:  hhlaw replied 5 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Please confirm what was contested - the divorce itself or the financial issues?

-When was the last hearing and what was it listed for?

Customer: replied 5 months ago.
in Scotland, was contested over financial, there has not been a hearing as yet
Expert:  hhlaw replied 5 months ago.

Thanks, ***** ***** opt-out and allow a colleague who specialises in Scots Law to assist you.

Expert:  JGM replied 5 months ago.

Hi, I'm a solicitor in Scotland. If the financial issues are contested by the Defender, the simplified divorce cannot proceed. An ordinary action of divorce would have to be raised, defences lodged in relation to the financial aspects and sundry procedure followed. You can read about the procedures at www.scotcourts.gov.uk under Sheriff Court ORDINARY RULES. typically a hearing would take six months to a year although 95% of cases settle along the way so it may be better to enter into a negotiation and get an agreement rather than go to court. Either way the quicker it's resolved the less money it will cost both parties on lawyer's fees. Happy to doscuss. I hope that helps. Please leave a positive rating so that I am credited for my time.

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