Families are as individual as the people in them. When things go wrong, it can be very distressing and so it’s vital to get expert advice from family law solicitors at an early stage. We understand the issues faced when a couple separate or divorce, and provide clear, practical and reliable advice in relation to arrangements for children, and the financial outcome to be achieved.
The advice our specialists give will always be specific to your particular circumstances and your unique family make up. We can guide you carefully through what can be difficult financial decisions, such as what to do about the family home or other property.
Making the very best arrangements for children, such as where they will live and seeing the other parent following a separation, is understandably difficult and emotional. It’s vital that such decisions are made in the best interests of the child. Getting it right is of paramount importance and we work tirelessly to achieve the best outcome for you and your family.
For people getting ready to marry or live together, we offer advice on asset protection and have considerable experience in prenuptial agreements and postnuptial agreement. Our experience also encompasses cohabitation agreements for unmarried couples in Scotland and internationally.
In essence, each of our family law solicitors understands the importance of delivering the right legal advice for you and your family to achieve the best possible outcome for everyone involved.
How can we help?
Separation and Divorce
When a marriage breaks down, really important decisions need to be made at a time when individuals are feeling emotional and often vulnerable. We have expertise in helping clients to make the best decisions for themselves and their family. Decisions will need to be made about where any children are going to live (residence) and arrangements to see the other parent (contact) (previously known as “custody” and “access”). The financial consequences of the separation need to be addressed including division of capital assets including the family home, pensions, savings and business interests, and consideration given to the payment of aliment (maintenance). Across our Glasgow and Edinburgh offices we have solicitors with particular expertise in guiding clients through these difficult issues and give advice that is clear, straightforward and practical.
Our key services include advice following separation in relation to children and financial provision as well as divorce and divorce litigation where agreement between parties cannot be reached on any or all of these matters.
The first priority for any parent when their relationship breaks down is to make sure that the arrangements for their children are the best that can be made in the new circumstances. These are often very difficult and painful decisions to make. Usually, arrangements need to be put in place so that children can spend time with each parent and to help their children cope with the separation and minimising it’s impact, even while the adults themselves are adjusting to the new circumstances.
Sorting out those arrangements in a calm and effective way with the focus on the children is something that our team have particular expertise in and we can help individuals tackle difficult subjects such as the residence of children (where they live) and contact arrangements (when children will see the other parent) as well as ensuring that the arrangements are focused on the child and work for each individual family.
We have particular expertise in advising in connection with Child Support.
Our dedicated solicitors also represent local authorities in cases concerning adoption of children and we also advise families who are interested in adopting.
Prenuptial Agreements are not just for Hollywood A-listers. They can be as straightforward as individuals need them to be and can be particularly important where one or both parties are involved in a family business and want to protect that family wealth from a future divorce or protect it for children from a first relationship.
Prenuptial Agreements are increasingly common in Scotland and our family law solicitors have developed particular expertise in advising in relation to these contracts which are a necessary part of asset protection. These can be particularly important in protecting assets including interests in companies or partnerships. Our family solicitors are happy to speak to businesses about protecting company or partnership assets or for key individuals to have Prenuptial Agreements to avoid any potential impact on the business of a key individual divorcing.
Postnuptial Agreements are similar but are completed during, rather than before, marriage.
Family law in Scotland permits claims to be made by cohabitants against one another in limited circumstances should their relationship end and as a consequence it is often advisable to regulate from the outset how the finances will be structured in the event of the relationship coming to an end. This is increasingly important for people buying properties together where they do not contribute equally to the purchase price. Being clear about what is to happen in certain circumstances, for example, will one have the option to buy out the other, will either have to move out, will the property be sold? These all areas where we can advise and prepare the necessary bespoke documentation. Our Family solicitors based in our Edinburgh and Glasgow offices will be able to offer clear and definitive advice based on your particular circumstances.
Claims can arise for the survivor on death of a cohabitant where the deceased died intestate. We have significant experience in advising in these kind of cases. Naturally these situations are hugely emotional following a bereavement where sometimes financial concerns have to be dealt with very quickly. The interests of other potential beneficiaries including children of the deceased (sometimes being a child of both parties) is a significant factor as well as the views and interests of other surviving family members.
In such complex and delicate areas we can provide straightforward advice and assist you in making the right decisions for your family. Our solicitors in both Glasgow and Edinburgh are experienced in representing parties in connection with these kind of claims in court. These cases require an application to be made to court within 6 months of the date of death and we provide clear and effective advice to ensure matters are handled and decisions made timeously.
Where a cohabiting relationship ends other than by death of one of the parties, claims can be made in certain circumstances. These are not the same sort of claims that are currently available to spouses on divorce although some aspects are similar. We will provide an unbiased view on the prospects of successfully pursuing or defending such claims as well as advising on separation agreements where parties are able to agree the financial terms of their separation. We will advise individuals on issues concerning their children, parental rights and responsibilities and matters of Child Support. We regularly represent individuals in these kind of cases both in court and by way negotiated agreement.