Service of actions for divorce
Thomas Hannah & Co. provides assistance with service of Sheriff Court writs raised by private individuals under the Simplified/Do It Yourself Procedure for divorce.
Generally, the service process is initiated postally by Sheriff officer sending a copy to the respondent at his/her address in a first class signed for (registered) envelope. If for any reason the envelope is not signed for, the envelope is returned by the postal authorities, and a Sheriff Officer is required to physically attend at the respondent's address to serve the writ. Under Sheriff Court Ordinary Cause rules service by Sheriff Officer attendance can be by delivering personally, leaving with a responsible resident, or depositing into the address, (in a sealed "Citation" envelope marked CONFIDENTIAL for leaving and depositing service.)
To date and for reasons of expediency, divorce action clients tend to prefer service by Sheriff Officers attending at the address in the first instance. This is a speedier and potentially more economic option if the postal service may fail.
An additional speedy and economic mode of service is currently allowed under the Coronavirus (Scotland) Act 2020. This has amongst other things, permitted service and intimation of court documents to be carried out electronically. Until now, a party raising court proceedings in Scotland has generally relied on the post or on personal service (by Sheriff Officers) to serve Sheriff Court writs. The change in the law means that documents initiating court proceedings can now be served by any electronic means – provided the party on whom the writ is served has agreed to electronic service by that means in advance. Therefore, if a situation arises whereby there is mutual agreement and a respondent is aware and has agreed to accept service by email, we can use this process.
Our fees are required to be pre-paid in advance and are as detailed below. We can accept payment by card or bank transfer. We shall issue you with a reference number to quote and also email to you a receipted invoice for your records.
Following pre-payment, and prior to sending us a hard copy of the documents you have received from court, please simply scan or photograph them and send to enquiries[at]thomashannah.co.uk (replace [at] with @) to allow us to speedily prepare them for service.
Once the documents are processed, we aim for a 5 working day turnaround on service, or you will be kept updated on any reasons for delay.
Sheriff Officer fees applicable
|Service by email||£28.55|
|Service by post||£28.55|
Plus postage £2.40
|Service by Officer attending||£86.03|
Please note that VAT at 20% is payable in addition.
For bank transfer or card payments please telephone our office on 0131 556 8601 and ask for Accounts.
Ready to issue instructions? Need more information? Phone us now on 0131 556 8601, or email us at enquiries[at]thomashannah.co.uk (replace [at] with @).