LEGAL SERVICE
Family Law
We have a wealth of family law experience and can offer practical advice in matters such as family mediation, child support, contact, residence, division of financial assets, and adoption.
Separation
We pride ourselves in providing a prompt, discreet and sympathetic family law service to achieve the best possible outcome for our clients.
Where children are involved, the ability to continue functioning as joint parents is the paramount consideration for our clients. Family is at the heart of our philosophy, and we are keen to avoid litigation wherever possible. We offer a range of ways in which decisions can be arrived at following family breakdown, including mediation and family law arbitration.
We do understand, however, that litigation may be necessary for some of our clients, and our family law team are skilled litigators with years of experience in the family court.Whether you need advice regarding residence or contact with your children, assistance with financial matters following a separation, or simply some general information, we are here to help.
COHABITATION
Since 4th May 2006 there are potential claims which can be made if you are in a cohabiting relationship which ends in separation or death. The Family Law (Scotland) Act 2006 provides limited financial provision, and provided a claim is made within one year at the end of cohabitation a Court may order a capital sum to be paid by one cohabitant to another.
Our family law team are experienced at making cohabitation claims on behalf of our clients. We can also draft Cohabitation Agreements which set out how you wish to regulate financial matters in the event of separation, and prevent dispute later. Each Agreement can be tailored to meet the specific requirements of your situation.
DIVORCE
There is only one ground for divorce in Scotland: that your marriage has broken down irretrievably. Irretrievable breakdown can be proven by living apart, either for one year or longer. If you have been separated for more than two years, you do not require the consent of your spouse to divorce. You may even be able to apply for a “quickie divorce” using the simplified procedure if you have no children under the age of 16 or financial matters to sort out.
Whatever your requirements, our family law team will talk you through all of the options available to you. We offer a bespoke service, tailored to your individual situation.
DOMESTIC VIOLENCE
If you are a victim of domestic violence or abuse, there are various court orders that can be granted to protect you. An interdict prohibits a person from behaving in such a way as to distress you, threaten you, use violence against you or put you in a state of fear and alarm. An exclusion order prohibits the abuser from entering your home, and will extinguish the abuser’s occupancy rights.
A non-harassment order is designed to deal with behaviour which is distressing and upsetting, such as repeated phoning and texting. Harassment has a wide interpretation.
Our lawyers are compassionate and understanding. Whether you are facing a separation, are a victim of domestic abuse, or just need some general advice, we are here to help. Contact us on 01461 203 836.
