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The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.
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School Placing Appeal Request Scotland

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School Placing Appeal Request Scotland 

As a parent, where your child attends school can be one of the most important considerations. Ensuring that your child receives the best education possible is an essential part of the role of a parent. At times, it may be that the school your child is expected to attend due to the ‘Catchment Area’ you reside in may not be the best fit for your child. In these circumstances, you may seek to have your child allowed to attend an alternative school that - for any number of reasons - you believe to be a better fit. This is achieved by making a Placing Request to the relevant local Council. But what happens if this request is refused? 

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What are my rights if my partner dies without a will?

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What are my rights if my partner dies without a will?

My cohabitant has died without a will – what are my rights?

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What happens when a Will is lost

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What happens when a Will is lost

A Will must be signed on every sheet by the person who is granting it in order for it to have legal force. It is not adequate to have a copy of the Will. As a result, a copy of the principal Will will not be utilised in place of the principle will automatically. An action known as "proving the tenor" is required in order to get a court order. When the tenor of the copy document is determined, the copy document has the same force and effect as the original document in every regard.

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In what circumstances can an executor raise a court action on behalf of an estate?

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In what circumstances can an executor raise a court action on behalf of an estate?sim

When does an executor have the right to file a lawsuit on behalf of the estate of a deceased person? This was recently discussed in the matter of Riddell v. Arcus Solutions (Holdings) Ltd. before the Sheriff Court. Whether or not the executor has been formally chosen—either by the decedent in a will or by the Court after the decedent's passing—determines the response.

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Meet the team - Kara Macgregor-Duke

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Kara MacGregor-Duke

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Property disputes: can a witness refuse to assist or give evidence in court?

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Property disputes: can a witness refuse to assist or give evidence in court?

Witnesses are frequently needed in property disputes to establish the facts of a case. But who ought the parties to summon to court to give evidence, and what happens if they refuse to cooperate?

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Meet The Team - Siobhan Brown

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Siobhan Brown

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Divorce Month: January is the peak time for separation

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Divorce Month 2023: January is the Peak and Popular Time for Divorce

We are not exaggerating when we state that January is THE Divorce month of the year. January has informally come to be associated with divorce in recent years. The next "Divorce Day" will be on Wednesday, January 4, 2023.
 
Over 25% more divorce-related search searches were made on Google between December 2020 and January 2021. However, it is not a new phenomenon; divorce-related search phrases soar every January, rising year over year. A new study has revealed that one in five couples consider separation in January due to the pressure created over the Christmas period.
 
According to reports couples separating or divorce filings peak in January are 27% and are higher than the average of divorces seen throughout the rest of the year in the UK. Such reports have led the media to refer to January as Divorce Month with the first working day of the month often being the busiest day of the year for solicitors with many people filing for divorce.
 

Reasons for Divorce Day in January

There are a number of reasons for the rise in the number of January divorces seen according to experts. It is perhaps natural that people do not want to go through a divorce, which can often be painful, around the festive period, thus some people wait and delay the process for as long as possible, often opting to have one last Christmas together before deciding to begin proceedings. Another factor according to some is the fact that the New Year offers the perfect opportunity for couples opting to split up. On the other hand, for many people, the Christmas period is the last resort to try and save the relationship with some people hoping that more time together will make the relationship last.
 
However, the stress of Christmas can often damage the relationship further. If a couple has been experiencing difficulties in their relationship, then spending time with each other and their children for the first time in months can make them realize the extent of their problems. The pressure of having cousins, parents-in-law, and friends visit or stay can also magnify relationship problems.
 
These are the many reasons for divorces:

Christmas festive has already passed. 

Not everyone believes that the holiday season is the most magical time of the year. During the holidays, people often receive a sobering reminder that their marriage isn't what they would like it to be or that they are already considering divorcing.
 
Divorcees can wait for many holidays, including Christmas, New Year's, Hanukkah, and Kwanzaa since they can manage the stress of the festive season. However, these holidays come with high expectations. To give the family, especially the children, a "normal" and joyful holiday season before divorcing, stressed spouses often stay together during Christmas.
 
Christmas decorations and other holiday-related items tend to have strong links with childhood and are more likely to evoke sentiments of nostalgia, according to additional research by psychiatrist Steve McKeown. Either to reflect on simpler times or to make up for the past.
 

The holiday rose-coloured glasses have been removed.

As many of us do, unhappy couples who are having trouble making their marriage work around the holidays also have a tendency to experience the joy of the season. In January, the situation starts to become more and more real.
 
After exhibiting images of holiday themes to two sets of people (one group celebrates Christmas, the other doesn't) while they underwent a brain scan, a Danish researcher named Brand Haddock discovered something interesting. The findings suggest that when people who celebrate Christmas were shown images with holiday themes, the front of their brains is lit up.
 
Christmas decorations and other holiday-related items tend to have strong links with childhood and are more likely to evoke sentiments of nostalgia, according to additional research by psychiatrist Steve McKeown. Either to reflect on simpler times or to make up for the past.
 
What could possibly go wrong when nostalgia and the enchantment of Christmas are combined?
 
One of the reasons why people frequently try to patch up their marriages around the holidays—or simply choose to stay together and hope for the best—is because of this. Unfortunately, January is quickly approaching, and with it, you must say "hello" to "real life."
 

The Holidays may increase thoughts of divorcing.

On the other hand, the strain of the holiday season might potentially lead to relationship failure. Dr. Rutledge stated that "holidays frequently generate unrealistic assumptions about what the holidays should "be like," and that can heighten feelings of anxiety and despair. With the addition of social media, you might begin to think that everyone else is leading an ideal life filled with ideal connections.
 
The CEO of Relate, the largest relationship charity in the UK, Aidan Jones, stated: "Christmas and the holidays may put a couple under extreme emotional and financial strain. Every January, Relate sees a 58% increase in website visitors and a 13% increase in calls. A disaster can result from romanticizing Christmas, meeting extended relatives, or taking into account the financial hardship of the holidays.
 
Rarely is it just one of these things; more often than not, it's a combination of several reasons, but that doesn't make the conflicts any less real. As a result, tensions increase, and thoughts of divorce become more prominent.
 

New Year, New Me: New Year's Resolutions for a couple

The holiday season is a time for reflection, and divorce is significantly influenced by the New Year's resolution trend.
 
After the new year, many individuals tend to make changes in their lives, and for some, this may involve ending an unhappy marriage.
 
Those who have been thinking of divorcing could get the push they need from the pressure of a New Year's resolution.
 

Ahead of us lies the end of the tax year.

When married couples decide to divorce, they want it over with as fast as possible. Even while a divorce typically takes between four and six months, in the worst-case situation, it may take years.
 
If the divorce is finalised before the end of the tax year, either spouse may transfer assets to the other without incurring any tax liability. Such transfers cause the imposition of capital gains tax (CGT) on any hypothetical (estimated) gain made by the transferor after the tax year.
 
Many persons seeking a divorce in January decide that now is the time to get things moving as there are only three months left until the end of the tax year (5th April).
 

So, is it true that January really is the divorce month?

No, and yes. Let's elaborate... It's true that January is the month of divorce, but not in the way you may think.
 
What is more likely to occur is that people have been contemplating divorce for months, but January is usually the turning point when they decide to start working toward a better version of themselves.
 
Unfortunately, the majority of divorces don't occur until far after January. First things first: figuring out how to handle the processes, the legalese, and different personal factors.
 
Simply because the legal aspect of separation usually begins in March, one could argue that this is the true divorce month.
 

Getting started in the new year

We now know that January is "divorce decision" month. This implies that for many of you, this is the final push needed to make a difficult choice.
 
We at Fair Result have personal experience with divorce, and we want to be there for you if and when you decide to go through with it. Our goal is to make the divorce process as simple and stress-free as we can given rising prices and strained relationships.
 
We are aware of the difficulties and the emotional strain that accompany divorce. We have developed a special method that will provide you with a just outcome.
 

Obtaining a Divorce: Scotland

There are two grounds for divorce that can be cited if you wish to begin divorce proceedings in Scotland. These are:
 
  • the marriage has broken down irretrievably
  • one of the partners in the marriage has an interim gender recognition certificate.
If you are getting divorced because your marriage has broken down irretrievably you or your partner will have to show that the marriage no longer exists on a permanent basis. It is possible to show that the relationship has broken down by citing the reasons below.
 
  • Your partner has behaved unreasonably
  • Adultery
  • You've lived apart for at least one year and you both agree to the divorce
  • You've lived apart for at least two years but one of you doesn’t agree to the divorce.
Unreasonable behaviour can include mental or physical cruelty, including violence or abuse, and less obvious things like dominating a partner, not letting the partner leave the home or speak to neighbours and friends, or refusing to pay for housekeeping
 

Getting a Divorce Glasgow: Contact Us

We understand that going through a divorce can be a stressful and difficult time for all of those involved, however, we aim to make the process as simple and stress-free as possible. Our group of family law experts will help you get out of an unhealthy marriage and start the process by making it less stressful. If you wish to get a divorce or are considering beginning proceedings, contact our divorce lawyer today using our online contact form.
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Meet The Team - Emma King

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Emma King

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I am experiencing long delays with my court action, what do I do?

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Ever thought about the commonalities between dormant volcanoes and sisted courtroom proceedings?

You may think, as most people do, that court cases are wrapped up quickly and the matters at hand are solved in no time. A principle of Scottish civil procedure is that a case should be litigated continuously until it is resolved. Although we wished that's how the justice system functions, that is often not the case.

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Meet The Team - Craig Chisholm

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Craig Chisholm

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Adoption: FAQs

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Adoption: FAQs

In this blog, we aim to answer some of the frequently asked questions about the adoption process for those who wish to adopt a child.

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Meet The Team - Sinead Machin

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How long have you been in this role?

I have been overseeing the Client Services Team since the beginning of 2022. I have worked for the Firm since 2015. I did some work experience over the summer of that year. I was then offered a Legal Assistant role before becoming a Trainee Solicitor. I have since progressed to Associate Solicitor. 

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Importance of the sibling relationship in Adoption and Permanence Cases

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Throughout our careers, we have seen, read about and helped people and couples adopt children, but have rarely heard a story about a sibling group adoption. Although rare, there have been instances where siblings are placed together, where the adoptive family keep brothers and sisters together and adopts them both, or a whole group to help maintain their sibling relationship.

In various adoption cases, siblings are generally split up as they are placed for adoption in different families. The chances of brothers and sisters staying together are almost none, due to which their sibling relationship may get affected. Keeping a sibling group together is rather difficult - a recent survey found out that two thirds of children and young people waiting to be adopted belong to sibling groups and are waiting for an adoption in a family together. When the wait gets too long, they are split up to make new family ties and lose old sibling bonds. A meaningful sibling bond is extremely important for children in so many levels - it contributes to their care and protection and ensures their healthy well-being. In order to get long-term foster care for children and a desire to provide immediate adoption, local authorities often overlook the importance of maintaining healthy sibling relationships.
 
The Supreme Court reaffirmed the value of sibling relationships in two instances in 2020 that examined the part that the child's brother or sister can and should play in child custody hearings. The court declined to go so far as to draw the conclusion that siblings should always be regarded as "relevant persons"—a label often reserved for the birth parent and other adults who regularly have custody of and control over a kid. The judgments did, however, take into account the role that siblings play on a child's wellbeing. Because of this, hearings for children now have to take within the context the preservation and growth of sibling relationships, whether by trying to keep kids together or by taking into account continued sibling contact and allow them to spend time together as part of permanency planning.
 
Children who are adopted from local authority care almost often go through the children's hearing process, when mandatory restrictions are put in place governing their residence away from their birth families. The local authority may petition to the court for a permanence order, which may or may not also contain permission to allow the child for adoption, whenever it is clear that a child needs a permanent care solution. The children's reporter will convene a hearing to assess the proposed permanence plan and provide a report of their advise on that proposal if the local authority is considering permanency.
 
In view of the Supreme Court's rulings, sibling relationships will need to be taken into account while determining permanence in children's hearings. Siblings should have a better chance to be heard when decisions are being made about their futures and the futures of their brothers and sisters as a result.
 
In the end, it is up to the court to decide whether or not a child should be adopted. Even in uncontested adoptions, the court must be convinced that the child will get the support they need and spend their childhood in protection through the intended adoption. The court may also impose requirements on an adoption order, such as allowing for post-adoption contact with the birth family. The possibility that looked-after children will stay in their sibling groups or at the very least have the chance to maintain healthy and positive sibling relationships may increase if sibling connections are taken into account more thoroughly throughout the children's hearing stage.
 
Adopting a child is a tremendous commitment, and it can be intimidating to consider adoption of siblings together at once. Adopting sibling groupings does have a lot of advantages, both for the children and the parents.
 
Our family law team is equipped to give you advice and lead you through the legal process if you are thinking of adopting children together or even to adopt one child.
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Meet the Team - Ellidh Clark 

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Meet the Team - Ellidh Clark 

Role: Legal Assistant/Client Services Advisor 

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Christmas is usually a time for celebration for families

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Christmas is usually a time for celebration for families

However, it can be heartbreaking for separated parents and their children. Here are some things that can help

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Meet The Team - Laura Black 

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Meet The Team - Laura Black 

Role:  Client Services Assistant 

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The Process of Adoption: Step Parents

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The process of adoption - steps parents

The definition of a "family" is forever evolving. Society has long moved on from the idea that a family involves a married couple and their biological children. However, although a 21st century family can take various shapes, parental rights and responsibilities only lie with those legally entitled to them.

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Family Law Advice - All I want for Christmas is you

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Family Law Advice - All I want for Christmas is you

Making sure the turkey is exactly golden brown and that there are enough pigs in blankets for everyone to eat is for some people the most stressful aspect of the festive season. However, for separated families, trying to make the required preparations as to where their kids will spend the holidays and Christmas can be a very stressful and worrisome time.
 
You need to try to work these things out between the two of you (divorced parents) unless Christmas contact has already been scheduled through a formal agreement or by court order.  Complete Clarity Solicitors suggests that you discuss the necessary arrangements as soon as possible to avoid confusion in the weeks leading up to the holiday season. In order for everyone to understand where they stand and be able to plan for the big day, try to have a child arrangement order in place before the holiday season. It is important that kids are aware of what is going on and where they should be.
 

Separated Parents Should Plan Ahead Regarding Christmas Contact 

It's vital to keep in mind that no two families are identical, and there are no set guidelines for how to schedule the time spent with the kids over Christmas. The decisions that are made must be in the children's best interests, and if at all possible, you should consult the kids on your decision-making process. However, you should make it obvious that there may need to be some negotiations. For instance, some families decide to switch their kids between homes on Christmas Day at a certain time so that both parents can spend time with the kids on the actual holiday. Some families decide to keep the kids in one home on Christmas Day and transfer them to the other home on Boxing Day. You can make the arrangements as open or formal as you like.
 
In the weeks prior to Christmas, you should also consider whether your regular contact schedule has to be adjusted. You should also think about any "emergency preparations" that could be necessary if, for instance, bad weather makes travel difficult or impossible. In an emergency, parents must be able to get in touch with one another or other family members.
 
Get in touch with Complete Clarity Solicitors as soon as possible if you need legal advice concerning Christmas contact and would like an expert legal solicitor. Please call 0141 465 5743 or This email address is being protected from spambots. You need JavaScript enabled to view it. a member of the family law team for more details and advice.
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How Separated Parents Can Utilise Technology To Help Their Children Manage Their Hectic Schedules

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Working parents can often have a difficult time managing hectic schedules and striking the balance between work and family. This is particularly true for separated parents. This can include picking children up, and dropping them off at nursery and school. There are also extracurricular activities such as going swimming, being a member of Brownies, playing football, doing gymnastics or taking music classes. 
When separated parents live in different areas it can be challenging to manage their children's schedules well. Technology may be able to assist with this. This technology can be used by parents and children however, it is always important to note that parent's ought to monitor their children's use.
There are a wide variety of apps that can assist separated or divorced parents in managing their own calendars, as well as the schedules of their children. This can assist parents in ensuring that they are able to spend quality time with their children and achieve a work-life balance.
 

Schedule And Plan Ahead 

It's likely that some parents will have to deal with the additional challenge of being separated from their partner, forcing them to organise their family life and family schedules across multiple locations. Due to the fact that children's and parents' schedules are changing constantly, it may appear as though an assistant is required to plan and organise each and every week. The hiring of a personal assistant is not likely to be a workable solution for the majority of households. On the other hand, there are now a number of apps that can be downloaded to your mobile phone or tablet that will significantly improve your ability to communicate with your ex-partner about the children and make the necessary arrangements.
 

Need Help? Technology can help.

There are a number of apps that can assist separated or divorced parents manage theirs and their children's schedules. The apps aim to improve family relationships and ultimately have a positive impact on the welfare of children and young people. WeParent is another tool to take into consideration. WeParent helps parents to share documents with one another, manage calendars and expenses, and handle letters that each parent may need to read and/or sign. 
Divorced parents who wanted to try and communicate better with one another regarding their children's needs were the inspiration behind the creation of the Our Family Wizard app. This app describes itself as a co-parenting app.
This platform logs the conversations that takes place between parents so that an exact record may be kept of who said what and when it was stated. It is possible to bring in third party family members such as grandparents or additional guardians. These logs are downloadable and, if necessary, could be used as evidence in legal procedures. Our Family Wizard also includes a “Tone-Metre”. This Tone-Metre works much like a spellchecker in that it reviews what has been written and provides alternative suggestions to be used where it deems that the current wording is negative, inflammatory, etc.
The Cozi app includes a variety of features that may be shared across multiple users. These include a calendar, a to-do list, and photo albums, for those times when both parents wish to remember special events.
The judicial system is now recognising the use of these apps and the Courts are increasingly supportive of their use. Apps of this nature have recently seen a rise in popularity and have even gained the support of Sheriff Principal Anwar. Her most recent guidance stated that the judicial system has been made aware of such apps and that they could be used in cases that involve a crave for a section 11 order for contact/residence under the Children (Scotland) Act 1995. This is the legislation that governs the law relating to which parent children live with, which parent they have contact with, what form this contact takes and so on. 
These apps may be helpful to many parents in minimising conflict and providing assistance to individuals who are going through difficult situations. However, we are fully aware that for some people, these apps won't be enough to meet their needs. 
If this is the case, legal counsel from Clarity Simplicity , specialists in family law, should be sought out as soon as possible to ensure that the appropriate actions are performed as quickly as possible. You may contact us via This email address is being protected from spambots. You need JavaScript enabled to view it. or call us on 0141 465 5743.
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