Recent Family Law news and updates from Scottish Family Law.
Are Some Assets Missing?
In order to ensure a fair division of the matrimonial property, individual items of property have to be identified and valued so that the total extent of the matrimonial assets is established. In the majority of cases all the assets (and liabilities) are well known to...
Why Not Collaborate
Once a couple have decided that they want to separate and there is no going back there are three principal issues to consider. If the couple are married there is; The divorce itself The finances The children and their welfare Often the grounds of divorce are not the...
What Do You Say to the Children?
If divorcing is stressful for parents, think what it must be like for the children. Very often children know something is not right but they don't know exactly what. In some cases it is clear to the children that their parents are not happy and are fighting but they...
Greater Rights for Children
When parents with children decide to separate, the most important decisions surround what the arrangements for greater rights for children in the future. Many parents are aware that their actions, prior to separation when relationships have been difficult, and during...
House or Pension – It Might Depend on Your Age!
When people separate they have to decide on the grounds of divorce. Was it someone’s fault? Is it necessary to apportion blame or perhaps just wait one year (if both parties agree) or two years (if they don’t) before applying for Divorce. Discussions have to be had...
Be Careful What You Wish For
Couples separate. It is a common occurrence that is basically a fact of life. Many of the separating couples have children. Very few of these children want their parents to separate but they can do nothing about it. The parents have moral and legal obligations to...
Don’t Forget About Pensions
A few years ago, a large insurance company carried out a survey in England in relation to Pensions and Divorce. The company asked a cross-section of wives who had been through a divorce if they had made any claim against their husbands’ Pensions. The results of the...
The Silver Divorce
Lockdown has heaped more pressure on those couples who have been married for many years but, as the years have passed, have drifted apart and are still living together more out of convenience rather than anything else. The earlier years of marriage have focused on...
Who Knows What Is Best?
At the best of times, when parents separate, the lives of any children are thrown into turmoil. The extent of the turmoil depends on the actions of the parents and the age of the children. Parents are encouraged to be open with the children and communicate clearly...
Is this a Good Time to Divorce?
January is generally regarded by the public at large as the most popular month for divorce. Family Lawyer’s will tell you that one of the reasons for this is because parents often hold back from divorce before Christmas, get the festivities out of the way, and then...
Choosing A Family Lawyer During Difficult Times
A lot has been written about the difficulties surrounding separation and divorce during the pandemic. Splitting up from a partner is stressful at any time but with the levels of uncertainty that exist at present the whole situation has become even more problematic....
Now is the Time to Collaborate
You have separated from your spouse/partner. There are some things that are agreed, but others remain in dispute. You recognise that you are not going to be able to sort things out yourselves. You understand that although neither of you want a fight it is not possible...
Pension Matters
In divorce cases where the separating couple had been married for a considerable time it is likely that Pensions will form a significant part of the financial negotiation. Unlike other financial assets Pensions are important for more than one reason. Pensions...
What a Difference a Day Makes
There was a case reported from the English Courts a few years ago. The couple had separated, divorced and then many years later one of the parties won a substantial sum of money on the Lottery. Millions and millions of pounds. The party who had not been so lucky took...
Don’t leave it till it is too late!
Pensions and Divorce Alongside marital property, pensions tend to be the biggest assets that require to be dealt with when you separate from your spouse. It is extremely important not to lose sight of the importance of such an asset when considering how best to divide...
What Happens to the Family Home?
No not some form of a illness but important none the less. In the papers last week there was an interesting story about a wife who, after lengthy negotiations at court, agreed to pay her husband just under a million pounds. It was all in writing signed and sealed....
It is possible to share a Pension
Some people, when they separate, try to wring every penny out of their former partner. You will have heard the phrase; ‘I’m going to take him/her for everything he /she has got’ There is a public perception that fighting tooth and nail, (with the help of a...
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