When a relationship has broken down and separation and divorce become inevitable, sometimes court action is necessary. However, often couples want to be able to talk about arrangements for their children and financial matters but need some help to do that? Whilst only the court can grant the actual divorce, it does not have to be used to sort out those kinds of issues. Here at Harper Macleod our family team is able to offer different methods of dispute resolution, including mediation.
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Latest articles from Jenny Smith
Often our clients have business interests. These can be in the form of sole trading businesses, partnerships or limited companies. They can represent a significant part of the assets which have to be divided on separation and divorce. So, it can be a real concern for those involved. There are lots of issues to consider when business interests are involved.
Domestic abuse has always been a feature of the work family law professionals encounter. However, lockdown and self-isolation during the pandemic has brought it into sharp relief as victims have been forced to spend a lengthy period of time with their abusers.
Many of the clients who consult us about separation and divorce are older. One or other may already have been through a messy break-up. They may have children from previous relationships. They will likely have built up pensions and other assets. They may have pooled resources to buy a new house together. What are the issues to consider on separation and divorce in those circumstances?
In Scotland, cohabitants who separate can, in certain circumstances, make claims in relation to household goods and certain money and property and for financial provision on separation. However, the rights of cohabitants are not widely known and the legislation is complicated. That's why we believe the current review and reform of the legislation in relation to cohabitation is timely.