Can I force my ex wife to raise divorce action?

MY wife and I separated five years ago.

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We ended the marriage because of her adultery.

I have a separation document which states that she is responsible for all divorce costs and the action of divorce will be raised after a reasonable time. Neither of us would be entitled to legal aid and she says she cannot afford the £700.

Can you please tell me if there is any way round this or am I stuck with this until my daughter is 16 so my ex can save money?

YOU can't force her to raise the divorce action, and you are aware that as you have a daughter under 16 you can't use the simplified procedure (quickie divorce).

I suggest you raise the divorce action and claim the costs to be awarded against your wife.

She has signed a binding document agreeing to pay, and the court will have no sympathy with her blocking you by not starting the case.

I HAD a window smashed and I know it was by certain youths that live opposite me.

I reported it to the police and told them about previous incidents but they say unless I see who has done it, they cannot take any action.

The officers are correct. We do not prosecute based on reputation or bad blood. The courts will only convict for vandalism if there is credible, reliable and corroborated evidence.

Even if the police had gone to the neighbour's door and confronted the parents it would be no good in law.

I BOUGHT a DVD recorder. It broke. I phoned the manufacturer and was given the address of a repair shop, which has been unable to fix it. The manufacturers are now claiming the repair shop is not authorised by them.

The machine was purchased over the internet. I just want to get a refund. What are my rights?

IF unrepairable, you are entitled to a refund.

Get a report in writing from the repair shop about the defect, send the manufacturers a copy saying you insist on your rights under the Sale and Supply of Goods Act, demand reimbursement within 14 days. If they don't pay, you have the option to sue them, but take advice as it can be a lot of hassle.

MY 16-year old's father pays maintenance every four weeks though he refuses to set up a direct debit.

He signed a minute of agreement and over the piece has missed the equivalent of one week's money. I can't get any satisfaction through letters via his lawyer. Can I sue in the small claims court?

YES, though depending on the terms of the minute of agreement, it might be your daughter who technically is the pursuer as she is 16, an adult in Scots private law.

Indeed your daughter may get legal aid for the pre-court preparation work.

Alternatively if the agreement is registered, you could bypass court and enforce payment against his wages.


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