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Pleadings help

  • Davbo
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04 Dec 20 #514977 by Davbo
Topic started by Davbo
Hi folks, I’m looking for some advice regarding pleadings.
I’m in Scotland so under Scottish law
My ex has been holding up everything for as long as she possibly could, we’re now 2 1/2 years separated.
She sisted the court to apply for legal aid on 5th August and 16weeks later still hadn’t applied!!
The sheriff then lates out the timescales, pleadings were to be lodged by 1st December but she didn’t lodge anything. I’m absolutely sick to the back teeth of her efforts to delay things as I’m paying £2k a month between the mortgage and debts for a house I’ve not been in for 2.5 years. She’s dragging this out for as long as she can as I’m paying because I need my credit score to stay good.
There’s approx £120k equity in the house and around the same in pensions
What’s next? Can I push for decree without her pleadings?
I’m a bit lost as regards what’s next?
Can I divorce without financials being sorted out?

  • Jason16
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21 Jan 21 #515434 by Jason16
Reply from Jason16
Hi,
I can relate to the stress and frustration you are going through. I am in a similar situation perhaps a lot worse.
I have been separated for 12 years, 6 years of negotiations and over 2 years of court proceedings with no result. In the meantime, the solicitors go on to make money. I believe, my wife and solicitors are stretching the matter and not interested in a fair resolution.

I understand from my solicitor that getting a divorce without a Financial Agreement is possible BUT you lose all rights to joint assets. However, your solicitor can ask for a decree as her pleadings are not forthcoming or delayed unreasonably.

I think pursuing through the courts with a legal representative is the only recourse. You could make a complaint to SLCC (Scottish Legal Complaints Commission) about your own or your ex's solicitor or both for delaying matters.
I hope you have some information.

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