In circumstances where you are looking to get divorced in Scotland and your spouse has indicated that they will not defend a divorce action, you can progress matters without appearing in court.
The process is relatively straightforward and usually takes around 10-14 weeks. If you require to be divorced quicker please contact us and we will advise you of your options.
How much do Undefended Divorces cost?
We offer a Fixed fee for Undefended Divorce meaning there is no hidden cost. We charge £600 + VAT (£720 total) plus Court fees of £229, resulting in a total cost of £949.
What are the key steps in an Undefended Divorce?
1. First Meeting
We will have an initial meeting with you in our office, on the phone or via video call to obtain all the information required. This will involve us getting to understand your circumstances and provide you with advice specific to your circumstances. We’ll explain each step to you in detail and make sure you know what to expect
2. Initial Writ
We will then draft a court document known as an Initial Writ, this is the document responsible for raising an action. The Initial Writ is sent to the court for warrant / approval. We are required to lodge this with birth and marriage certificates in the form of an inventory of productions.
3. Papers Served
Once warranted, the writ is served along with various other papers on your spouse either recorded delivery or by Sheriff Officers.
4. 21 Days
Your spouse has 21 days from when papers are served to defend / oppose the Divorce action. If your spouse decides to defend the divorce, we move to the Defended Divorce process. Assuming no defence is lodoged we proceed with the Undefended Divorce.
Once 21 days have elapsed without any opposition being lodged we will prepare two statements known as affidavits; one from yourself and one from a third party who has knowledge of your circumstances. These are signed by you after you are sworn under oath by a Notary Public and are treated the same as you giving evidence in Court. Our Solicitors are also Notary Publics and this service is included in the cost.
We then process all the documentation and return this to the Court with a Minute for Decree. The Sheriff will then consider the documentation and make a decision on whether to grant your Divorce. If there are no issues your Divorce will be granted and we’ll be provided with your Decree of Divorce.
In situations where your spouse does not agree to the Divorce being granted or you have been unable to resolve financial matters amicably, you may wish to defend an action, or raise an Ordinary Divorce action that is defended by your spouse. This may also occur when there are disputes in relation to children. When a divorce action is defended a court time table is fixed. This involves various types of hearings depending on your circumstances and will likely require you to appear in court.
How much does a Defended Divorce cost?
We are unable to offer a fixed fee under these circumstances as each case is very different. Matters may be able to be concluded quite quickly however it is also capable of being a lengthy process. We therefore charge out on an hourly rate plus Outlays. We charge differently than most firms. Find more information on our Fees page. We can offer you an estimate of total costs once we know your specific circumstances, please get in touch to discuss.