It is possible to take charge of the process to ensure the best result for you and your family if you find yourself in a situation where getting a divorce is your only option because your partnership has failed, either now or in the future.
As family lawyers, we recognise the value of communication. We are aware that a client and their child may be dealing with trying circumstances that could harm their mental health. Younger children need reassurance and special care during this period. We assist them in settling separation-related legal concerns. When it comes to the subject of divorce or separation, it is important to reassure your children and ensure they talk about their feelings. There are two strategies of problem-solving that might lessen the conflict of a separation or divorce and the stress brought on by relationship failure: collaboration and mediation. These strategies need to be taken by the mother and father who need to put in efforts together to maintain a good relationship with the other parent.
April is Stress Awareness Month, and as family lawyers, we frequently help people who are struggling with a variety of challenging problems, both emotional and otherwise, when a relationship has ended. One issue that frequently raises concern is the arrangements for any children of the partnership to have contact with the non-resident parent.
When you buy a home, especially your first home in a joint tenancy, it is rather a big step and you may be worried about a mortgage.
When a couple buys a home in their joint names but makes unequal contributions to the cost of acquisition, this is a typical situation in which a cohabitation agreement may be entered into. In that case, a cohabitation agreement can effectively ringfence their individual contributions in the event of a breakup. There is no "one size fits all" solution; rather, such agreements are personalised, suited to the specific circumstances of the partnership, and can handle a wide range of issues.
The Scottish Law Commission released its "Report on Cohabitation" on November 2, 2022. Following a protracted consultation process with lawyers, academics, the general public, and decision-makers, the paper explores how the current law governing cohabitants' rights upon separation might be amended.
Parents have a variety of obligations and rights regarding their children, including the duty and the right to protect and advance the health, welfare, and development of the child, have a say in where the child lives, participate in their upbringing, serve as the child's legal guardian, and always act in the best interests of the child.
Family lawyers in Scotland will be familiar with the "bible" known as Greens Family Law, but how environmentally friendly (or unfriendly) is family law?
When a child is involved in a difficult dispute, a court order could be necessary to settle the matter. Here are the "specifics" on particular issue orders, regardless of whether the situation involves school, holidays, relocation, or medical intervention.
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Halls have been transformed into homes, Freshers Week is over, and the real work needs to begin. A new group of young people has begun their university careers.
How do I contest, dispute, and challenge a will and estate that I was left out of? For instance, my father left his money to his unmarried partner and left me out of his will, or my mother left more money to my sister than to me.
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?
My cohabitant has died without a will – what are my rights?
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.
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.
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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