Family

Key Services

Divorce

We advise on the merits of divorce including practice and procedure. Advice can be given on the merits and how the grounds of divorce can be established as well as whether the action should proceed in the Court of Session or Sheriff Court and whether the simplified procedure is applicable. Where possible evidence by Affidavit (sworn written statement) will be considered.

Separation

Frequently following separation a number of matters including ongoing support, payment of household running costs and the like need to be considered before time permits for consideration of other significant issues such as divorce and planning for longer term. We advise in the lead up to and immediately following separation as to the steps that should be taken. At such an emotionally difficult time it can be important to achieve stability for the family.

Financial Consequences of Separation and Divorce

We cover all financial matters arising from separation and in the lead up to divorce. This can include:

• The Matrimonial Home
• Business
• Investments

Child law, including contact and residence issues

We represent clients in relation to all aspects of child law, particularly residence and contact orders in relation to disputes between parents. We also act for grandparents in similar situations. We will advise on child support and the frequently contentious matter of school fees. We represent clients at all stages of litigation involving children including Child Welfare Hearings as well as Proofs.

New Civil Partnerships

Acting for clients in advising generally on Civil Partnerships and in the dissolution of same, the rights and claims ongoing on terminations of the Civil Partnership and related matters with succession.

Co-habitation agreements

This is a relatively new but developing area, probably due to changing attitudes in society and brought into law in the Family Law (Scotland) Act 2006. We can advise couples who do not intend to marry on how best to regulate particular financial matters and, for those couples who do wish to marry but wish certain matters to be resolved between them in advance, we can advise on pre-marriage agreements. We have been actively involved in litigation in relation to non-married couples where a claim for unjustified enrichment has been made.

Cohabitees

We advise on the claims available on termination of the relationship and claims which may be available if the relationship ends by death of one partner.

The Family Practice Group, in conjunction with the Private Client Practice Group, also offers advice on Guardianships, succession & advice to employers regarding family rights & relationships.