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Cohabitation Rights in Scotland – Decision of Gow v Grant

Nicola Gilchrist

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

Cohabitation Rights – what are you entitled to following separation?

Cohabitation rights

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

Why are Children’s Services involved in my child’s life?

Father Kissing Baby

Children’s Services are provided by the Social Work Department in each Local Authority (Council).  Children’s Services deal with concerns about children’s welfare and provide assistance and protection for children in need.   A ‘child in need’ is one:        unlikely to achieve or maintain a reasonable standard of health or development unless assistance is

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

Parental rights and responsibilities

Parental rights and responsibilities

Parents have the responsibility to look after their children: to help them to be healthy, encourage their growth, development and welfare. to ensure attendance at school and an opportunity to develop to their full potential.   Parents have the responsibility and the right to say how their children should be brought up. This includes being in

Child Contact Orders: What is contempt of court?

Child Contact Orders

What happens if contact doesn’t take place? When a Court order is in place stating the times a child has contact with a parent each week, and the parent with whom the child lives wilfully refuses to obey the order, then the other parent is entitled to ask the Court to make a finding of

How to Legally Change Your Name in Scotland

How to Change Your Name in Scotland

Scottish Law allows anyone to change his or her forename or surname at any time providing this is not to defraud. Marriage, Divorce and Civil Partnership Following marriage or a civil partnership you can use your birth name or your spouse’s or partner’s.  A marriage or civil partnership certificate is sufficient proof to instigate this change.

Divorce and Separation, What’s Best – Mediation? Court?

When a relationship breaks down, there are lots of questions at what is a very emotional and anxious time. It is always wise to speak to a solicitor at an early stage who should explain:   that every situation is different and what works for one person will not necessarily work for another outstanding issues

Child Custody – Listen to the Children

Child Custody Scotland

I am often asked by parents what age their child has to be to express a view in a custody dispute between parents. (Although many people still talk of custody and access, these terms are no longer legally correct and are now residence and contact.)   In terms of the Children (Sc) Act 1995 there is

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