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.
Life, business and the law
The law never stands still, and the way it applies to you and your organisation is constantly evolving. Our people are on top of these developments and can keep you up to date with some of the most interestings aspects of these changes. Check out our articles and updates for our perspective on issues that might affect you.
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Unlike the BBC's highly anticipated legal drama, The Split, the divorce and separation process doesn't have to be a legal war fit for TV. In real life, there are better ways to deal with high conflict cases than going to court, including signing up for a collaborative process.
A recent court decision looked at the practical ways in which the views of children are taken by and considered in court proceedings. Being aware of the range of options available to the Court when taking a child's view, together with good legal advice, can help parents make an informed choice about how their child's voice can be heard in a way that is tailored to their needs and which minimises the potential for distress.
Dealing with claims by cohabitants on death – rights are not the same as for married couples in Scots law
Under Scottish law, cohabitants are not on the same footing as married couples are on the death of their partner. This legislation has given rise to legally complex and emotionally difficult cases which are unpredictable and impossible to quantify in terms of value. One recent case which reached courts highlighted the difficulties this situation can cause for grieving partners.
When it comes to succession planning for business owners, careful consideration should be given to the businesses' constitutional documents to ensure the owner's wishes as set out in their will can be implemented.