Category Archives: Family Law

How do I get divorced in Scotland?

March 30, 2016 | Vicky |

How do I get divorced in Scotland

We are often asked the question – how do I get divorced 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 … Read More >>

Parental rights and responsibilities

June 23, 2015 | Lynne |

Parental rights and responsibilities

So just what are 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 … Read More >>

Moving abroad with children; what you need to know

June 5, 2015 | Melissa Inman |

Moving abroad with children

The Hague Convention on the civil aspects of International Parental Child Abduction 1980 regulates the international relocation of children. However, when parents are planning on moving abroad with children they often overlook the Hague Convention or think that it will not apply to them. Do you need the consent of the other parent? What happens if … Read More >>

My spouse has cheated on me! – What next?

April 8, 2015 | Vicky |

My spouse has cheated on me

According to a recent study, 50% of married men find their mother-in-law attractive.  As unlikely as that seems, it perhaps comes as no surprise that a significant number of marriage breakdowns occur when one spouse engages in an extra marital relationship with another man or woman. We are often told – my spouse has cheated … Read More >>

What is mediation?

March 2, 2015 | Melissa Inman |

what is mediation

You might have heard somebody mention mediation before but what is mediation? Mediation is a form of alternative dispute resolution that involves two (or more) parties and a mediator. Mediation provides parties with the opportunity to have an open and honest discussion about a range of family law issues in a neutral environment. Everything that … Read More >>

How can Collaborative Law help?

February 19, 2015 | Vivien Riddell |

collaborative law

The collaborative law process offers separating couples a non-confrontational way of agreeing the legal and practical arrangements for their separation and divorce. By reaching agreement in a collaborative way, couples are able to come to a good arrangement together through supported discussions. At its simplest, the collaborative process is all about reaching solutions together.  Sometimes … Read More >>

Arranging Contact Post Separation

November 5, 2014 | Lynne |

arranging contact post separation

Arranging contact post separation is important for children, to ensure they have an opportunity to see both parents. It can be difficult for parents to set aside their own feelings and arrange contact arrangements in the best interests of their children.  Unfortunately, many parents are unable, or unwilling, to have direct contact with their former partner. … Read More >>

Are actions of Division and Sale fair?

May 23, 2014 | Christine |

Are actions of Division and Sale fair?

So are actions of division and sale fair? If one or more persons have title to a property in Scotland all of them need to consent if there is to be a sale of that property.  If the parties cannot agree on a sale or one or more of them simply “disappears” then Scots law … Read More >>

Pension sharing when divorcing in Scotland

January 10, 2014 | Lynne |

pension sharing

Research by Glasgow and Edinburgh universities has suggested that many women separating from their husband are deciding against making a claim on their partner’s pension. This may be because pension holders tend to be extremely reluctant to relinquish a substantial part of their retirement fund or simply due to the fact that it can be a … Read More >>

Divorce, Financial Settlements & Bankruptcy

November 20, 2013 | Vicky |

Divorce, Financial Settlements & Bankruptcy

The economic downturn has had a dramatic impact on financial settlements on divorce and has even affected those once considered financially stable. The law in Scotland relating to financial settlements on divorce can be found in the Family Law (Scotland) Act 1985. But when looking at the effect of bankruptcy (or sequestration) on separating spouses, it … Read More >>

Page 1 of 512345