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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11688
Experience:  30 years as a practising solicitor.
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My husband is applying for a simplified divorce. I suffer

Customer Question

Hi
My husband is applying for a simplified divorce. I suffer from a personality disorder however this does not affect my ability the day to day management of my affairs.
I do not plan on objecting to his application, we have one child aged 19. No financial consideration.
Would the simplified divorce be accepted and granted, should I provide a written letter stating the symptoms and their effects (or lack thereof) on my to run my life on a daily basis?
Thank you for clarifying this point.
Submitted: 1 month ago.
Category: Scots Law
Expert:  JGM replied 1 month ago.

Thank you for your question. I am a solicitor in Scotland. From what you say this is not a mental disorder in the sense that the court would be interested in it as you can manage your day to day affairs. You should not write a letter, it should not be mentioned on the application form, you don’t need to respond to the form when the court sends it to you and th divorce will go through without a problem. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 month ago.
Hi. I’m not too sure I understand.
The guidance states the following:
“There must be no sign that your spouse / civil partner is unable to manage his or her affairs because of mental illness, personality disorder or learning disability”.
This clearly states personality disorder.
I was diagnosed with recurrent depression and personality disorder.
My husband wants to omit both conditions. I don’t want to lie for divorce purposes since this is essentially a legal document
Expert:  JGM replied 1 month ago.

What it says is “.....unable to manage his or her affairs because of....personality disorder.” You said that you can manage your affairs therefore it doesn’t apply to you. Neither of you are telling lies on that basis.