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 whether you can raise a divorce action or not. In order to raise a divorce action, you must have the legal ground to do so. In Scotland there is one
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 is necessary to also consider the terms of the Bankruptcy (Scotland) Act 1985.
When advising clients of the effect of their spouse's bankruptcy following separation, it is important to
What are grandparents rights to see their grandchildren following the breakdown of a relationship. While most parents have parental rights and responsibilities which allows them to seek a court order for contact with their children, what options are available to other family members who feel excluded from a child's life.
Applying for parental rights and responsibilities
Almost anyone can apply for parental rights and responsibilities provided they have an interest in the child's life. In practice they will have to show it will be in
If you are looking for divorce settlement advice, do you want to know why hiding assets doesn't pay? The law in Scotland relating to separation and divorce settlements requires a split of all property that is 'matrimonial' in nature. Each spouse must openly and honestly disclose all assets held by them as at the date of their separation. Unfortunately, it seems that some people can't resist the temptation to lie or cheat in order to keep at least a portion of those assets to themselves.
When your marriage ends, do you know how to find a divorce lawyer you trust, to advise and represent you during the divorce process? Online search engines or recommendations from friends are an increasingly popular way to find a divorce solicitor.
To maximise this method however you should carefully consider the following before finding a divorce lawyer who's right for you.
Are there particular areas of your divorce/separation that will benefit from particular expertise? E.g. do you need a lawyer with extensive child law
It is not uncommon for divorce settlements to include a person's 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 matrimonial property.
There are three ways in which your pension can be dealt with on divorce:
- Pension sharing: The pension policy can be shared by transferring a portion of the
Child Custody Scotland - 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. In terms of the Children (Scotland) Act 1995 there is an assumption that a child aged 12 or over is able to give an opinion, and to instruct their own solicitor. That is only