Me and my husband have been separated for 5 years, but unfortunately had to continue to still live in same house due to financial issues and kids, just in separate bedrooms. I want to pursue a divorce but dunno how to even go about that, as Scottish law says 1 year apart, I assume that is actually in separate residents? Or have we Been legally separated ? It's all so confusing 😕
Hi, I live in Scotland, and my wife and i split up 1.5 years ago. We both moved back to our own parents houses, giving up the rental property we lived in and have lived separately since. However, she is refusing to divorce. We have 2 kids together (both ours & both named on birth certificates) but no house or assets to deal with. Both kids live with her. Can you please advise on specifically the scottish law in regards to the following: - a no fault divorce, & when i can start proceedings against her will, - a decree absolute to cut off all financial ties from her - will the above include arrangements for seeing the children & me paying child maintenance, or will i have to go to the childrens hearing to sort that out separately? Love the videos, keep up the good work. so many people, myself included, feel more confident with your friendly advice, knowing we have a right to fight... Thanks :)
My husband applied for a divorce in December and I don’t agreed with his reasoning, he is trying to sue me for payment of for his solicitor and money for him and his children. Children that are 18 & 22 that have nothing to do with me. He applied for divorce 6months are marrying me after the tragic death of my 13 year old son max he told me there’s nothing we can’t get through and in the end he couldn’t handle me grieving for my son and would end up telling me to just get over it! In the end he filed for divorce. But as he’s trying to hold me responsible for the divorce and the financial responsibility that comes with it because he thinks I have had a large compensation pay out due to my sons death. He asked me to marry him, he told me he would love protect and look after me for the rest of my life. Is it fair that I should ask him to reapply for a no fault.
When my 13 year old son was killed December 2019 we were not together. He turned up with condolences and sympathy and then within a month we were back together because he wanted to support me after the loss of a child. He then asked me to marry him we got married six months later and four months after we got married he decided he wanted a divorce because he couldn’t deal with me due to me still grieving. He would often tell me to “get over it” I had a breakdown New Year’s Eve 2020 and it is that evening he is stating that it was my behaviour that has ended the relationship. My behaviour being grief. As he is the one that applied for the divorce and is putting the reasoning down apparently it’s my behaviour nothing to do with my grief but he is now stating that he wants compensation for him and his children.
That is the good thing. They don't need exes consent from the 6th of April with this new law. No fault, no blame. You don't need the 5 years separation for doing without their consent.
I've been separated since 2014 wx has never filed. I tried a year ago but I don't have a residential address so everything was sent back to me. I qualify for legal aid. He has had no contact with kids for 5 years and childmaintenance is already set up. Any help would be great as would like to get this done ASAP been way too long thanks 😊
Hi, i intend to file for a divorce on the government website, What happens if i wish to add in a clean break order. Do i do this along side the online application with a solicitor? also can i have your details if this is something you could help me with please. Many thanks
Should the financial order be applied for before the divorce petition is submitted?
So how do you sort financial orders with this new law ?
Its separate. By using the from A
Me and my husband have been separated for 5 years, but unfortunately had to continue to still live in same house due to financial issues and kids, just in separate bedrooms. I want to pursue a divorce but dunno how to even go about that, as Scottish law says 1 year apart, I assume that is actually in separate residents? Or have we Been legally separated ? It's all so confusing 😕
Hi, I live in Scotland, and my wife and i split up 1.5 years ago. We both moved back to our own parents houses, giving up the rental property we lived in and have lived separately since. However, she is refusing to divorce. We have 2 kids together (both ours & both named on birth certificates) but no house or assets to deal with. Both kids live with her.
Can you please advise on specifically the scottish law in regards to the following:
- a no fault divorce, & when i can start proceedings against her will,
- a decree absolute to cut off all financial ties from her
- will the above include arrangements for seeing the children & me paying child maintenance, or will i have to go to the childrens hearing to sort that out separately?
Love the videos, keep up the good work. so many people, myself included, feel more confident with your friendly advice, knowing we have a right to fight...
Thanks :)
Another 7 months and you can apply for divorce without her consent in Scotland. At the moment we don’t have the no fault divorce
@@jo-annedevlin1196 perfect, thanks for your reply!
My husband applied for a divorce in December and I don’t agreed with his reasoning, he is trying to sue me for payment of for his solicitor and money for him and his children. Children that are 18 & 22 that have nothing to do with me.
He applied for divorce 6months are marrying me after the tragic death of my 13 year old son max he told me there’s nothing we can’t get through and in the end he couldn’t handle me grieving for my son and would end up telling me to just get over it! In the end he filed for divorce. But as he’s trying to hold me responsible for the divorce and the financial responsibility that comes with it because he thinks I have had a large compensation pay out due to my sons death.
He asked me to marry him, he told me he would love protect and look after me for the rest of my life. Is it fair that I should ask him to reapply for a no fault.
Sorry, i don't understand your question. Please can you confirm?
When my 13 year old son was killed December 2019 we were not together.
He turned up with condolences and sympathy and then within a month we were back together because he wanted to support me after the loss of a child.
He then asked me to marry him we got married six months later and four months after we got married he decided he wanted a divorce because he couldn’t deal with me due to me still grieving. He would often tell me to “get over it”
I had a breakdown New Year’s Eve 2020 and it is that evening he is stating that it was my behaviour that has ended the relationship.
My behaviour being grief.
As he is the one that applied for the divorce and is putting the reasoning down apparently it’s my behaviour nothing to do with my grief but he is now stating that he wants compensation for him and his children.
Thank you for that 🙂
When they send it to your Ex, do they have to agree? Can you do it without their consent? Thanks
That is the good thing. They don't need exes consent from the 6th of April with this new law. No fault, no blame. You don't need the 5 years separation for doing without their consent.
Can I do the divorce first and then do a Financial order at a later stage?
How long does it take to get divorced with the new law ?
I've been separated since 2014 wx has never filed. I tried a year ago but I don't have a residential address so everything was sent back to me. I qualify for legal aid. He has had no contact with kids for 5 years and childmaintenance is already set up. Any help would be great as would like to get this done ASAP been way too long thanks 😊
To find out the residential address you would go through an enquiry agent.
20 weeks and 6 weeks? If the court agree?
So what is no fault divorce?
Its the divorce process in england and Wales
Hi, What are the benefits of doing a joint divorce application instead of a single? Thanks 🙂
Its more collaborative
Decree nasai? Conditional order? What’s this please?
Conditional order is the new word for a decree nisi
Application done on 6/4/22 what stage do we do a financial order
Half way through the divorce process
Hi, i intend to file for a divorce on the government website, What happens if i wish to add in a clean break order. Do i do this along side the online application with a solicitor? also can i have your details if this is something you could help me with please. Many thanks
No it's a separate application using a different form.
My email is tracey@moloneyfamilylaw.com
Happy new year to you and the rest of your family how are you celebrating your holidays so far 🎉🎀🎁
Do you still have to wait 12 months to file for divorce ?
You have to be married 12 months to file for divorce.