Category Archives: Family Law
Divorce in Scotland – a 2012 statistical round up
According to recent Scottish Government statistics, a total of 13,679 family cases were initiated in the civil courts during 2011/12, a decrease of 6% on 2010/11. Divorce actions accounted for 78% of the total figure, with actions concerning parental rights and responsibilities accounting for 17%. A total number of divorces granted during 2011/12 was 9,453,
Legal separation in Scotland: 5 things you need to know
Deciding to separate can be a difficult step to take but it is important to prepare yourself for what happens next. 1. How do we separate? Couples usually separate when someone moves out of the matrimonial home. A solicitor can provide clarity on this by producing a separation agreement for spouses, civil partners or couples
Can I change the locks on my spouse?
As family lawyers we are regularly asked questions about changing the locks on a spouse, ‘Can I change the locks on my spouse’ is probably one of the most common questions I am asked when dealing with a client’s separation or divorce. The short answer is ‘no’. Regardless of whose name the property is in,
Cohabitation Rights in Scotland – Decision of Gow v Grant
The law of Scotland on cohabitation rights provides that when an unmarried couple who live together separate, then one or either of the former partners may make a financial claim from the other. There remain differences between this regime and the applicable system when spouses divorce and they should not be viewed as one and
Pensions & divorce – 3 tips for divorce settlements
It is not uncommon for a divorce settlement to include your pension, as it can be more valuable than your house. It is therefore important not to disregard pension rights when determining how matrimonial property is to be divided on divorce. In Scotland, only pension assets which have accrued during the period of marriage comprise
How to Get a Divorce in Scotland?
In order to obtain a divorce you must raise an action in a Court which has jurisdiction. Jurisdiction normally means that you raise the action in the Court nearest to you. Before contemplating where to raise an action you must determine whether you can raise a divorce action or not. In order to raise a
Separation & Divorce Advice, “I can’t live like this anymore”
The recession has meant that many couples who are going through a separation cannot afford for one of them to move out of their matrimonial home. This situation is not ideal and sometimes can cause conflict and tension within the household. A question routinely asked by clients is “can they ask their spouse to move
Financial support – what are the options, post-divorce/separation?
A question often asked by clients is “what kind of financial support is available to me after the breakdown of my marriage/civil partnership?” Husbands and wives/ civil partners have a legal duty to aliment one another during marriage or whilst in a civil partnership. This means that they have to financially support one another. This
The Divorce Process – a new stance on finance!
A new rule came into effect on 1 August 2012 for divorce actions. In divorces cases with a financial element, whether it is a claim for a capital sum or sale of the matrimonial property, both parties must complete a Form 13A. This form must be completed by the party raising the action before the
Cohabitation Rights – what are you entitled to following separation?
Cohabitation law including cohabitation rights, came into force in 2006 through the Family Law (Scotland) Act 2006 (the Act). The Act contains provisions for dealing with financial issues when an unmarried couple separate. Cohabitation is a less formal relationship than marriage and the legal rights available to each person when they separate are not nearly
