A recent case in England has made an important contribution to the way the courts will treat the law relating to maintenance payments following divorce. Until recently the English courts had seemed more generous, however going forward is appears that there will be more cases where term orders for maintenance are made rather than maintenance on an indefinite basis. This brings the position south of the Border more in line with the Scottish position.
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Latest articles from Jenny Smith
When you separate, there will be lots of issues that need sorted out. Childcare arrangements, paying the mortgage and other household bills, dividing up assets and dealing with debts are just some of the typical matters separating couples need to resolve. Here, we look at some of the common questions people going through a separation have and what you need to know in relation to them.
A recent English case, which attracted headlines across the media, has highlighted once again the differences in Scottish and English law in relation to divorce. These differences are significant, and in practice make it possible to be divorced sooner in Scotland than in England and Wales.
Family law case updates: ongoing financial provision after divorce, and a cohabitant's right to their partners pension benefits
Two cases, one from England and one from Northern Ireland, have been decided recently which are of interest to us in Scotland. One relates to ongoing maintenance for divorced spouses, and the other relates to a cohabitants rights to their partner's pension benefits.
Lots of couples cohabit but not so many are aware of the benefits a well written cohabitation agreement can bring. It can be as detailed or as simple as you want. Its purpose is chiefly to deal with what should happen in the (hopefully unlikely) event that the relationship breaks down and sometimes also in the event of the death of one of the cohabitants.