Family Lawyers Alloa

In Scotland, you can obtain a divorce on the grounds of an irretrievable breakdown of the marriage, established in various different ways. These are based on a period of separation (one year’s separation whereby you require the consent of your spouse to the divorce and two years separation where consent is not required), adultery and unreasonable behaviour. The most commonly used ground is established on a period of separation. If there are no children under the age of 16 and all financial matters have been resolved, broadly speaking you will be able to use the simplified divorce procedure. If there are financial matters outstanding or matters relating to children which cannot be resolved out with court you will require to use ordinary procedure and lodge a writ with the court asking the court to grant your divorce and any other orders you seek. For more information please contact one of our family lawyers at info@joneswhyte.co.uk.

Similarly, if you have children under sixteen you must use the ordinary procedure. This is so that the court can be satisfied that no orders are required in respect of the children of the marriage.

A prenuptial agreement is an agreement which parties enter into prior to marriage which sets out what is to happen should parties separate. Generally they are used to give protection to someone getting married with pre-existing assets.

Parties in a relationship who are not married and living together are known as cohabitants. Since 2006, following separation, cohabiting partners have had the ability to make a financial claim against the other. The rights cohabitants have are very different to the rights that married couples have. There are very strict time limits which applying to raising a claim as a cohabitant (this must be raised within one year of separation). It is important to take advice from a family lawyer as quickly as possible post separation to consider your options and how to resolve matters within the timeframes that apply.

If the other party has parental rights and responsibilities then you do require their permission to relocate with any children of the relationship. If permission is not forthcoming you require to obtain the permission of the court before you can move, and moving without permission can result in serious consequences for you and the children. Therefore it is always better to take legal advice immediately should this situation arise. Equally, should you have any concern that your ex-partner intends to remove your child(ren) without your consent, you should consult a family law solicitor to take urgent action which can include raising court proceedings to prevent the removal of your child(ren).

Yes, generally speaking provided that you or your partner reside in the jurisdiction at the time of the application to the court- if you are unsure take advice from one of our family solicitors.

When parties separate, all financial matters need to be resolved before parties move forward to divorce. All matrimonial assets and liabilities should be valued and considered and this does include pensions accrued through the duration of the marriage. The starting point in terms of the relevant legislation (Family Law (Scotland) Act 1985) is a fair sharing of matrimonial property with a 50/50 share to each party. There are various exceptions to this and special reasons as to why this division of assets should be varied or departed from, again dependent on specific circumstances.

Most couples who are separating manage to resolve matters without going to Court, whether this be via negotiation, mediation, the collaborative process or arbitration. There are certain cases where either court action is required straight away or once all other avenues have been exhausted. It is important to consider the various options available to you and your family and consider which is the best way forward for you. One of our divorce solicitors can assist with this process.

There is no hard and fast rule in respect of the contact parents who have separated have with their children. It is very much dependent on the individual circumstances of each family. Parent should always have as their major consideration what is in their children’s best interests when it comes to making arrangements for contact. If parties cannot agree, then there are various options available to attempt to resolve matters, including mediation or raising a court action.

This is dependent on your circumstances including how much you earn, how many children you have and how much time you spend with them. You are also able to come to an agreement with your ex-partner direct in respect of these payments without recourse to the child maintenance service.