A separation agreement in Scotland is often a useful document as during separation 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 a Separation Agreement in Scotland and what needs to be agreed before one is entered into?

What is a Separation Agreement?

Sometimes referred to as a 'Minute of

We have published a number of blog articles dealing with the legal consequences of a separation, divorce and child contact matters but you may want to know 'how do I get married in Scotland'

In Scotland, prior to the marriage ceremony, both parties must submit a Marriage Notice form to the registrar of the district where the marriage is to take place. Once the Registrar is satisfied that there are no legal impediments to the marriage (i.e. if someone has been married previously, that a

When parents are going through divorce and separation - what happens to the child benefit? 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 benefits.

Shared care does not mean shared benefits. This can cause significant practical difficulties where one or both parents rely

Is there a difference in offering divorce advice for women? 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 rectified.? Typically solicitors provide divorce advice for men and women, following a marital breakdown on two main issues;

Children:

Whether

Do you know how to get a quick divorce in Scotland?

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 divorce procedure (quick divorce)

The process has been designed for someone to apply for a quick divorce in Scotland

It is perhaps no wonder that there are so many myths surrounding the divorce process. Many people will offer words of wisdom to those going through a separation or divorce, but how many of these hold true?

What are the top 5 myths about divorces in Scotland?

1. "My spouse had an affair so he/she will get a lower settlement from the divorce!"

Scotland has a 'no fault' system when it comes to divorce. This essentially means the reason for the separation is irrelevant and

In most cases when parents separate it is in the best interests of a child to remain in contact with both of them. Sometimes this can be very difficult for the parents themselves to arrange. Child contact centres provide a key role in helping children affected by family breakdown to maintain a relationship with the parent who no longer lives with them in a safe, neutral environment, away from high conflict situations.

What types of contact are there?

- In centre supported contact a child

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 contempt. Disagreement with a sheriff's decision does not entitle a parent to withhold contact.

The situation is less clear cut when the reason given is that

We are often asked - when can I get a divorce in Scotland and how long does it take? You can get divorced in Scotland if your marriage has broken down irretrievably.

What options are open to me?

1. If your husband or wife has committed adultery you can raise a divorce action immediately. However, if you proceed on this basis the divorce writ will have to:
   - name the person with whom your spouse formed a relationship
   - be served on that person
2. If the

The law in Scotland allows anyone to change his or her forename or surname legally at any time providing this is not to defraud. We are often asked how to legally change your name in Scotland.

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.

If you divorce or dissolve a civil partnership an extract decree of divorce or

When a relationship breaks down, there are lots of questions at what is a very emotional and anxious time. If you are going through a divorce or separation, what is the best way to deal with this. Is it mediation, or Court?

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 can be resolved without acrimonious exchange of lawyers'

I am often asked by parents what age their child has to be to express a view in a child custody dispute between parents. Although many people still talk of custody and access, these terms are no longer legally correct and are now called residence and contact. Scottish Family law states that where a child wishes to express a view they must be allowed to do so. Thought must be given to the best way to obtain that view. It will not be the only factor

So just what are your 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 charge and saying what they can and cannot do until they are 16, providing advice and guidance until