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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11860
Experience:  30 years as a practising solicitor.
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I have just received a divorce citation from my ex wife,

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I have just received a divorce citation from my ex wife , which I will agree to.
Can I write to sheriff clerk to postpone so that I can get legal advice on finances ?
My wife owned her house when I met her 15 years ago and I have contributed to the household since then , do I have any rights to claim some financial pay off as she is in the marital home.ThanksDavid Provan

Thanks for your question. I am a solicitor in Scotland. What type of form have you received? Is it a simplified procedure application or an Initial Writ?

Customer: replied 1 month ago.
Simplified procedure.
In the notes asking if i wish to apply for postponement under section 3A, my letter requesting this must reach the court before 27th December, if I wish to make a financial claim.Thanks

Section 3A deals with postponement is to do with subsequent religious marriages is it not? Because you require advice on financial provision you should write to the clerk to say that financial issues remain outstanding and that you object to the simplified procedure divorce at this stage. That brings those proceedings to a halt. Better still get your solicitor to do so. Do not wait until the last minute. Get this done as soon as you can. I hope that helps. Please leave a positive rating so that I am credited for my time.

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