cmathison, Author at Edinburgh Family Law

Pre-nuptial agreements in Edinburgh

cmathison2024-04-18T14:38:20+00:00April 18th, 2024|Uncategorized|

What is a pre-nup?

A prenuptial agreement is a formal and legally binding contract entered into by you and your future spouse before you get married. Within this agreement, both parties outline the terms that would govern the division of assets in the event of a divorce or separation.

Typically, it covers financial aspects such as property, money, and debts, but it can also encompass significant matters like children and the protection of any inherited funds received during the marriage.

What are the benefits of a pre-nup?

Asset Protection: You can safeguard assets like inherited family properties or heirlooms, ensuring they […]

Navigating infidelity in Scotland: Can cheating be forgiven?

cmathison2024-04-15T13:05:13+00:00April 12th, 2024|Case Study Divorce, Case Study Separation Agreements, Divorce|

Discovering that your partner has been unfaithful often involves a whirlwind of emotions – from anger to sadness and self-doubt. The reasons behind infidelity are complex, and blaming yourself is not going to help you to move forward.

For some couples, rebuilding a relationship after infidelity is achievable with significant time and effort however, for other couples, infidelity ultimately leads to separation or divorce.

Defining Infidelity in Scottish Law

To divorce in Scotland, you need to establish that your marriage has broken down irretrievably. This can be established in four ways:

1. A period of one year separation with your spouse’s consent
2. A period […]

Understanding Restraining (or Protective) Orders in Scotland

cmathison2024-04-09T14:28:40+00:00April 9th, 2024|Family Law News, Uncategorized|

Protection from Domestic Abuse can be obtained in all relationships if you have been abused by your former spouse or partner.

The first phone call you should make is to the police. If necessary, you should seek medical treatment recording any injuries with the hospital, GP or simply by taking photographs of these. Taking these steps may assist in obtaining protective orders to stop the unacceptable behaviour of your spouse, partner or ex-partner.

In Scotland, restraining orders; known as interdicts, serve as crucial safeguards against harassment, abuse, and […]

Can my ex-partner stop me from having contact with my child?

cmathison2024-03-22T15:20:00+00:00March 22nd, 2024|Family Law News, Uncategorized|

At Johnson Legal Family Law, we understand the emotional strain and legal challenges that some
families face when it comes to child contact. Scenarios where one parent is denying the other parent contact with their child can arise following a separation or divorce, leaving the denied parent feeling helpless and desperate to maintain a relationship with their child.

Understanding the Legal Framework

In Scotland, both parents have equal rights and responsibilities towards their children, including the right to maintain meaningful contact provided it is in the child’s best interests. Denying […]

Planning Child Contact Arrangements for the Easter Holidays

cmathison2024-03-22T13:07:00+00:00March 22nd, 2024|Uncategorized|

For separated or divorced parents, the Easter holidays can bring unique challenges when it comes to arranging child contact. We understand the importance of prioritising the best interests of your child while navigating the complexities of family law. With Easter just around the corner, now is the time for separated parents to plan ahead and ensure smooth and amicable child contact arrangements.

Here is our guide to help you through the process:

Communication is Key

Open and effective communication between co-parents is the foundation of successful child contact arrangements. Start by initiating a conversation with your ex-partner in advance of the Easter holidays. […]

Single parents travelling abroad: Does a travel consent letter need to be notarised?

cmathison2024-02-29T15:59:38+00:00February 29th, 2024|Family Law News, Summer Holidays|

For single parents, navigating international travel with children can pose unique challenges and legal considerations.

One crucial document that single parents should be aware of is the travel consent letter. This document serves as proof that the parent or guardian has given permission for their child to travel internationally, especially when only one parent is accompanying the child.

But why exactly do single parents need travel consent letters, and what legal implications do they carry?

Legal Requirements and Parental Consent

If both parents are accompanying the child, a notarised letter of consent isn’t required. However, if only one parent or someone other than a […]

Are Cohabitation Agreements Legally Binding?

cmathison2024-02-23T15:06:32+00:00February 23rd, 2024|Children & parenting issues, Co-Parenting, Cohabitation, Finance|

Cohabitation agreements act as an insurance policy for unmarried couples living together or those who aren’t in a civil partnership, helping to clarify rights, responsibilities, and financial arrangements. A question we are often asked is whether these agreements are legally binding and whether they hold up in court.

What is a Cohabitation Agreement?

Before delving into their legal status, let’s revisit what cohabitation agreements entail. These agreements are written documents that outline various aspects of a couple’s living arrangements, including property rights, financial responsibilities and childcare arrangements.

Generally, a couple uses a cohabitation agreement to clarify details like:

1. Who owns what […]

Should I consider a prenuptial agreement to protect my inheritance?

cmathison2024-02-21T11:37:25+00:00February 7th, 2024|Money, Prenuptial|

Inheritance can be a tricky point in a divorce. Inherited funds that are paid to one spouse during a marriage are not matrimonial property. However, in practice, this is not always straightforward.

Many people use inherited funds to upgrade their property, buy a new house altogether or to pay down a mortgage. The inheritance then gets tangled into a matrimonial asset or debt. Years can pass and people don’t usually keep detailed records to show what was applied where. If the issue becomes live at the point of the divorce, the person who received the original inheritance may have to ask […]

Can you find happiness after a divorce?

cmathison2024-02-21T11:03:39+00:00January 29th, 2024|Divorce, Divorce & Dissolution of Civil Partnerships|

A lot of new clients ask us how they will feel after their divorce has been finalised. Some people get to the end of their divorce and they’re in the new normal where they feel at peace with their relationship status.

Others mourn the marriage or relationship they once had.

Other clients ask us if they can find happiness after a divorce and the answer is, YES you can. Although very few people will say that they enjoyed going through a divorce, with time, almost all of our clients found […]

What rights do Grandparents have in Scotland?

cmathison2024-02-21T11:55:20+00:00January 5th, 2024|Children & parenting issues|

Grandparents play a hugely important role in the lives of many children and they are often at the heart of the family unit.

When parents decide to separate, it comes as a surprise to many grandparents to learn that they have no automatic rights to have contact with their grandchildren.

At Johnson Legal Family Law, we can apply to the court to make contact or residence orders so that you can continue to see your grandchildren.

For a quick overview of grandparent’s rights, check out our TikTok video here

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