Latest News From Complete Clarity Solicitors

The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.

Complete Clarity Solicitors is one of Scotland's most dynamic law firms. Our clients include private individuals and businesses of all sizes.

Everything we do is driven by our objective to secure not only legal but also commercial success for our clients. From our offices in Glasgow, we can help you with everything from debt recovery to family...

Complete Clarity Solicitors is one of Scotland's most dynamic law firms. Our clients include private individuals and businesses of all sizes.

Everything we do is driven by our objective to secure not only legal but also commercial success for our clients. From our offices in Glasgow, we can help you with everything from debt recovery to family law.

Our team can advise on the full range of legal services in Scotland. Our lawyers will work together with you to achieve the outcome you desire.

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Consider the best option for your divorce


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.

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Why you should tell children about divorce and separation


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.

What is mediation?

Clients who are going through a divorce are frequently referred to mediation. An accredited legal mediator or a non-lawyer mediator can mediate a dispute. This kind of dispute resolution is particularly useful when it comes to matters involving the care of many children. When contact with an ex-partner has deteriorated, mediation offers a "safe" setting where issues can be brought up and they can express their feelings in front of the mediator or counsellor, who is an impartial third party. Each participant has the opportunity to voice their opinion during respectful and open discussions. Although the mediator won't resolve the conflict or ensure they don't separate, they can help to promote communication, comprehension, and ultimately agreement to get divorced without going to court.
There will be a first intake meeting where each party can express their worries and expectations for the mediation process to the mediator. After that, several collaborative mediation sessions will take place. At the conclusion of the process, a summary of what has been agreed upon is prepared, which can be formalised in writing by the parties respective attorneys. Mediation discussions are private and cannot be used as evidence in court, which provides parties true freedom to consider many choices. If you feel sad or feel angry, you can take help from a counsellor and be able to see things in a different light.
And as we adjust to new ways of working and assisting clients, mediation can still happen with counsellors virtually despite the limitations imposed by the pandemic.

What is the Collaborative process?

The Collaborative process can also be utilised to settle problems brought up by the news of your separation. To resolve issues, trained collaborative attorneys will collaborate with their clients in a unique and creative manner. The unique aspect of this method is that both the clients and their attorneys sign an agreement at the outset promising not to file a lawsuit and instead want to talk. All discussions take place in front of both clients and attorneys, and an agreement to be completely transparent, open, and honest is made. Only attorneys who have received collaborative training are eligible to take part in this process. Input from qualified financial advisors and qualified counsellors can also be helpful to clients.
This strategy places the consumers at the centre of the procedure and empowers them to come up with original solutions to their conflicts. This will eventually help your child and ensure that the children handle the situation even if you are not together anymore. It enables everyone involved in the process to concentrate on their shared interests and develop a plan that works for them and their families, which is crucial for resolving problems involving the care of any children from the relationship. Collaboration meetings can also be held online.

Talking to your children about divorce

Wait until you've made your final choice before you tell your children if you and your partner are debating a separation or divorce. Do not argue in front of your children. Even though being truthful may seem like the best course of action, if you later change your mind, it could be confusing and unpleasant for them. Children tend to feel angry or feel sad during such times.
You should definitely tell the children once you've made up your mind to separate. However, avoid telling them weeks in advance. It might be best to only give them a short amount of notice so they don't have to worry about it for too long.
When everyone is quiet and at ease and you have the time to explain everything slowly and thoroughly, talk to your preschooler. Don't have the chat soon before bedtime or before dropping her off at preschool because she could need further assurance later.

Be honest with your children

The idea of being children of separated parents is a worry to every child. However, they are likely to feel better if you be honest with them about your decision to separate and give them time to be able to cope up with the news. Tell her you're happy to answer any questions if they need to talk now or later and give them lots of hugs and comfort.

Solicitors to help you with a separation or divorce

The family law team at Complete Clarity Solicitors is able to offer professional guidance on all facets of divorce and separation. We have a number of Collaboratively trained lawyers and accredited family law mediators who can help when it is difficult to talk for you.
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Child Contact: April is Stress Awareness Month


Child Contact: April is Stress Awareness Month

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.

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My partner and I are going to buy a home together, what should I be thinking about?


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.

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How to prepare a Cohabitation Agreement


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.

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Update On Cohabitation Law


Update on cohabitation Law 2022

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.

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What are my rights? Parental rights and responsibilities of a father in Scotland


What do parental rights and responsibilities entail? (PRRs)

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.

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Best interest of the child or the environment?


Family lawyers in Scotland will be familiar with the "bible" known as Greens Family Law, but how environmentally friendly (or unfriendly) is family law?

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Specific Issue Orders and other common questions on children and 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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Meet The Team -  Nicole Arthur


Meet The Team -  Nicole Arthur

Role At Complete Clarity

Secretary/Clan Support 

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The cost of living crisis and its affect on child aliment for University students


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.

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What are my rights? I have been removed from a Will


What are my rights? I have been removed from a Will

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.

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Meet The Team Linzi McQuade



Linzi McQuade

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School Placing Appeal Request Scotland


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?


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


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?


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


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



Siobhan Brown

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Divorce Month: January is the peak time for separation


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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