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Category Archives: Family Law

Custodial & Non-Custodial Parents: When does financial support end?

custodial & non-custodial parent

At exam time I am regularly asked “When does financial support end”, by both custodial and non-custodial parents. And exam time is again upon us…. tense teenagers and anxious parents thinking about important qualifications – a subject that is close to my heart because as I write this, my eldest son is studying for his

Wills, Divorce and Separation in Scotland – Think Ahead!

Two painted arrows on a road pointing towards a grassy mountain

When a relationship breaks down the focus is usually on immediate worries, such as the arrangements for the children, the household bills and the family home.  Although it is necessary to get advice about such matters, it is equally important to think not just about the past, the present and the immediate future, but also

Child Maintenance Advice re Child Support Changes

Child support changes

Child maintenance changes will come into effect later this year which will dramatically alter the way child support is collected.  The objective is to give both parents a financial incentive to make voluntary arrangements. The options are:- 1 – A Family Based Arrangement – parents agree the amount and frequency of payments.  This can mean alternatives to monetary

Occupancy Rights and the Matrimonial Home – Legal Advice

Green House

Following separation, many people are concerned about their occupancy rights, ie their right to remain in the matrimonial home.  What legal rights do married people have to remain in their family home? Do they have to move out if asked to do so by their spouse? What if the property is owned in their spouse’s sole name?

Separation Agreement in Scotland – “For Richer, For Poorer”

Separation Agreements Scotland

Following separation in Scotland, a separation agreement is often a useful document as most couples want to initiate some discussion in relation to the division of the marital assets, or have put in writing what has already been agreed between them.  Either way, your solicitor is likely to recommend entering into a Separation Agreement.  So, what is

Divorce & Separation Advice – Don’t Forget Marriage Advice

Newly Married Couple

We have published a number of blog articles dealing with the legal consequences of a separation, divorce and child contact matters but what do you need to know about marriage? In Scotland prior to the marriage ceremony, both parties must submit a Marriage Notice forms to the registrar of the district where the marriage is

Divorce and Separation Advice – What about the child benefit?

Divorce and separation advice

When parents separate or divorce a child can often divide his or her time between two households over the course of a week.  This can be an ideal arrangement, allowing the child to maintain a close relationship with both mum and dad.  There can however be unforeseen financial implications if either or both parent receives

Divorce Advice for Men and Women: Is there a difference?

male and female

There are a number of publications offering advice for men going through divorce, and just as many tailored specifically for women.  But in Scotland, does the client’s gender really affect the advice tendered by a lawyer? Divorce can be difficult and emotional and without good legal advice, mistakes can be made that are not easily

How to get a Quick Divorce in Scotland. A helpful guide

Young Couple Seated Back To Back

There are two ways you can apply for a divorce in Scotland. The first is the ordinary divorce procedure (used if there are children from the marriage under the age of sixteen and/or a financial claim is being made) and the second is the simplified divorce procedure, often referred to as a quick divorce. Simplified

Divorces in Scotland: The Top 5 Myths Dispelled

Woman Looking at a Man Sitting Beside Her

There were 9,893 divorces in Scotland during 2010. It is perhaps no wonder then that there are so many myths surrounding the process. Many people will offer “words of wisdom” to those going through a separation or divorce, but how many of these hold true?  1.   My spouse had an affair so he/she will get

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