Protective orders are often referred to as restraining orders. The current Civil protective orders are an Interdict and a Non Harassment Order.

Interdict
An Interdict is to prevent another person from doing something illegal towards you. This could be for example verbally abusing you, physically assaulting you or destroying or vandalising your property. A Power of Arrest can be attached to an Interdict. This means that if the person ignores the Interdict and acts illegally towards you then you can telephone the Police and the

The start of a new year is always a busy time for Family Lawyers dealing with divorce matters.  This year 9 January 2023 was even deemed as “Divorce Day”.  If you are thinking about divorce then you should seriously consider speaking to a family lawyer. 

GROUNDS OF DIVORCE

A family solicitor will explain the grounds for divorce and whether you can raise a divorce action.  The grounds of divorce in Scotland are:

1. 1 year separation with the consent of your husband or wife or
2. 2

It is not commonly known that in Scotland a clause can be inserted into a Will appointing a guardian to children who may be under 16 at the time of the parent’s death. 

Here are the important points to note:

• The guardian becomes a substitute for a deceased parent.
• The guardian acquires parental rights and responsibilities that take effect as soon as the parent dies.
• The guardian must be 16 years or older.
• More than one guardian may be appointed.
• The appointment is effective only

An announcement was made on 1 October 2021 that child witnesses in criminal court cases would be able to give evidence in pre-recorded interviews, under a new scheme announced by the Scottish Government.  In criminal cases the intention is that Police Officers and Social Workers will be able at an early stage to interview children involved in criminal trials at the High Court, to reduce distress in court when recounting experiences.

The Justice Secretary commented that the aim is to gather “the child’s best evidence

The Sheriff Court Rules state that at any stage of a family action, the Sheriff may appoint a Child Welfare Reporter to (a) seek the views of the child and report any views expressed by the child to the court; or (b) undertake enquiries and report to the court.

If you are involved in a court action in which a Child Welfare Reporter is appointed, the Reporter will probably want meet with you and your ex-partner, and with the child(ren). Sometimes the Reporter will go

More than three million couples in the UK live together. For any number of reasons, many do not intend to marry. However, this means if they split up, their rights are limited. If you are considering moving in with your partner, or are already living with a partner but are unmarried, here are some essential points to note:-

1. Forget about “common law spouses”

 There is no such thing in Scotland as “common law marriage” and it should not be assumed that cohabitees have the

Pre-nuptial agreements (or more commonly referred to as a ‘pre-nups’) have become more popular over the years.  They are no longer considered to be documents used by only the wealthy or by celebrity couples.  More people now are looking to regulate their financial affairs before entering into marriage.

A pre-nuptial agreement is signed before marriage and enables a couple to decide how they wish their assets to be divided should they later decide to separate or divorce.  Although it may not be considered the most

The Herald reported earlier this month that domestic abuse charges reported by the police to Scottish prosecutors, which include attempted rape and serious assault, have hit a five year high. Lockdown was described by Scotland’s Law Officer, Advocate Depute Dorothy Bain QC as having a “devastating impact” for domestic abuse victims.

When there is a prosecution for an offence of domestic abuse there are often protective bail conditions put in place. It is important to be aware that there are also a number of remedies

The Law in Scotland says that if anyone has to make a decision about a child involved in a separation or divorce, account must be taken of the child’s views, if the child wishes to express them.  

We usually think of this as a child being asked where, or with which parent, they want to live.    That can place a huge burden on a child.    There are lots of other things that children want their parents to know. Here are some of the things that

You can get divorced in Scotland if your marriage has broken down irretrievably and that can be for one of four reasons:-

• Your husband or wife has committed adultery
• Your spouse’s behaviour towards you has been unreasonable
• You have been separated for more than one year and your spouse consents to divorce
• You have been separated for more than two years (no consent from your spouse is required)

Adultery

If your husband or wife has committed adultery you can raise a divorce action immediately. However,