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.
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Latest articles from Jenny Smith
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.
You don't have to read the tabloids every day to know that newspapers love a high-profile, bitter divorce case – preferably with multi-millions at stake. However after the once-private lives of those involved have been laid bare, the reports often conclude with the fact that despite the court finding in one party's favour, no money has changed hands and both sides, including the 'winner', were better off before the case began.