Johnson Legal is delighted to welcome our two newest additions: Abby Minto who has joined us as an Office Administration Assistant in the Family Law Team and Elvis the dachshund who, between napping under one of our desks, has accepted a position as Office Morale Officer. Both Abby and Elvis look forward to welcoming you at our Rutland Square office – get in touch with us here.
Heterosexual couples will be able to enter into a civil partnership in Scotland from 1 June 2021 therefore allowing all couples a choice between marriage and civil partnership, but will this be a popular alternative or will marriage continue to prevail?
Civil partnership was introduced in Scotland for same sex couples by the Civil Partnership Act 2004. The Act took effect from 5 December 2005 and allowed same-sex couples to enter into a civil partnership, a legal relationship which carries the same rights as marriage. In December 2014, same-sex couples became legally able to marry and so had the choice between […]
There’s no getting around it, talking about a written agreement as part of a romantic relationship is definitely awkward. Whether pre-nuptial (before a marriage or civil partnership has taken place) or post-nuptial (after a marriage or civil partnership has taken place) a couple may wish to enter into an agreement in relation to some or all of their financial, living or childcare arrangements to inform what is to happen should the relationship end.
Cohabitation agreements
When a couple are residing together but have not married or entered into a civil partnership, it is still possible to enter into an agreement to prescribe […]
31 December 2020 brought the end of the UK’s transition period for leaving the European Union and with it, a long-negotiated 1246-page Brexit agreement. But aside from the headline-grabbing issues, Brexit also has implications for those looking for family law advice in Scotland. Particularly affected are cross-border cases where families have connections with countries outside Scotland and parties therefore need to obtain legal advice about their situation.
Pre-Brexit, the rules for determining which court could hear a dispute and how court orders were recognised and enforced was contained in one tidy EU Regulation known as “Brussels II a”. Post-Brexit, Scotland has […]
We’ve just come to the end of the first working week of the year – traditionally the busiest week of the year for family lawyers. Christmas and New Year holidays have historically been a time when couples have had the opportunity to share some downtime and reflect on their time together – and sometimes take the decision to go their separate ways.
In 2020, the festive season brought about additional pressure for families on top of what was undoubtedly a very stressful and unusual year for everyone. The coronavirus pandemic meant families spent prolonged periods together at home. For a large […]
With Scotland’s tier system in place (for now at least) and a national lockdown just announced for England, Christmas 2020 is undoubtedly going to look very different from our usual celebrations. It’s typically around this time of year that separated parents begin to consider contact arrangements over the festive period. Whether the arrangements are by agreement or are ordered by a court, it can be difficult to coordinate family plans and discussing the division of the holidays can be an anxious time. Add in the complete uncertainty as to what the restrictions are likely to be in 7 weeks’ time, […]
The recent sheriff appeal court judgment in the case of Duthie v Findlay (2020 SAC (Civ) 13) upheld a sheriff’s decision to make no award in a financial claim made by one half of a cohabiting couple following their separation. The relationship had lasted for over 15 years. But in what circumstances might the court consider making no award at all?
In this case, the appellant tried to make a financial claim on the basis that the respondent had suffered an economic advantage as a result of the appellant’s financial contribution towards their shared lifestyle. The main asset at issue […]
Separation can be very stressful and upsetting, particularly where there are third parties involved. But children are not the only dependents who can end up stuck in the middle of a difficult relationship coming to an end. With lockdown restrictions sending the number of new pet owners skyrocketing, the team at Johnson Legal have been considering the options available to parties in a post-separation stalemate regarding their beloved pets.
To whom does Fido belong?
Unfortunately, the cold, callous heart of Scots law considers pets as the property of their owners. There is no test of welfare. There is no consideration as to […]
Following much discussion, debate and consultation with the legal profession, parliament finalised the terms of the long-awaited Children (Scotland) Act 2020 on 25 August 2020. The new legislation amends the Children (Scotland) Act 1995 which has governed child care arrangements for decades. Amendment has been considered necessary due to changing household structures and evolving court processes. But what does the Act mean for those who are a party in a court action involving the welfare of children?
Children’s views at the centre of proceedings
The 2020 Act aims to place children at the very heart of proceedings which relate to them. […]
Johnson Legal Family Law is perfectly placed to advise you on the legal rights of cohabitation – and the fact that you may not be as protected as you would be if you were married. There are also significant financial considerations which you should be aware of.
Most people know about Capital Gains Tax as a tax on the profit when you sell something that’s increased in value. It’s the gain you make that’s taxed, not the amount of money you receive. What you might not know however is that once again you can lose out if you are a cohabitant rather than a spouse […]
