Case Study Archives - Edinburgh Family Law

How to Protect Yourself from Domestic Abuse Over Christmas

cmathison2024-11-28T14:39:22+00:00November 28th, 2024|Case Study Protection From Domestic Abuse, Christmas, Domestic Abuse, Uncategorized|

The holiday season is often a challenging time for victims of domestic abuse, with financial pressures, alcohol consumption, and prolonged time spent together with partners intensifying abusive behaviours. Reports of domestic abuse tend to rise during this period, and opportunities to seek help can become limited due to school closures, reduced access to services, and a general holiday slowdown.

If you or someone you know is experiencing domestic abuse, know that there are legal protections available to ensure your safety and wellbeing. Here is a guide to taking steps to protect yourself:

1. Contact the Police Immediately

The first step in any emergency […]

Scottish Law Commission Calls for Reforms to Address Tech and Financial Abuse

cmathison2024-10-29T16:05:58+00:00October 28th, 2024|Case Study Protection From Domestic Abuse, Civil Partnerships, Company News, Family Law News, Finance|

The Scottish Law Commission has highlighted the urgent need for reform in addressing domestic abuse, emphasising the significance of recognising both tech and financial abuse. As the landscape of abuse evolves, these forms of coercion require specific legal attention to protect victims effectively.

What is Tech Abuse?

Tech abuse involves the use of technology to control, harass, or stalk an individual. This can manifest in various forms, including:

– Monitoring Devices: Abusers may install tracking software on a partner’s phone or computer or log into their partners emails in order […]

Why You Should Consider a Prenuptial Agreement in Edinburgh with a Skilled Prenuptial Lawyer

cmathison2024-09-20T12:42:00+00:00September 2nd, 2024|Case Study Pre and Post Nuptial Agreements|

Prenuptial agreements, often simply referred to as “prenups,” are becoming increasingly popular in Edinburgh and across Scotland. While once perceived as unromantic or pessimistic, modern couples are recognising the practical benefits of having a prenuptial agreement in place. Whether you’re bringing significant assets into a marriage, have children from a previous relationship, or simply want to ensure financial transparency, a prenuptial agreement can provide peace of mind and clarity for both parties.

What is a Prenuptial Agreement?

A prenuptial agreement is a legally binding contract entered into by a couple before they get married. It outlines how assets, debts, and other financial […]

Can My Ex Track Our Children During Contact?

cmathison2024-09-20T12:45:51+00:00July 24th, 2024|Case Study Separation Agreements, Civil Partnerships, Co-Parenting, Separation Agreements|

In today’s technology-driven world, concerns about privacy and surveillance have become increasingly relevant, especially in sensitive matters like family law. One question that often arises is whether an ex-partner can legally track their children during contact. This issue not only touches on legal aspects but also raises significant ethical and emotional considerations.

For support or legal advice, contact us on 0131 622 8477 for your free introductory call.

What does the law say?

Under Scottish family law, the welfare of the child is the paramount concern in any decision-making process. This […]

Pets, Divorce and Separation

cmathison2024-09-20T12:48:48+00:00June 11th, 2024|Case Study Divorce, Case Study Separation Agreements|

For many people, a family pet is much more than just property. The question of who will keep the beloved pet can be a significant concern and an important part of divorce proceedings. Based on our experience, emotional disputes over pet custody are very common.

Getting a Petnup

Some couples choose to establish a “petnup,” an agreement that outlines the care of the pet in case of separation or divorce. This document specifies who will look after the pet, who will cover vet fees and other expenses, and what will […]

I’m Worried My Ex Won’t Let Me See My Children This Summer: A Guide for Concerned Parents

cmathison2024-09-20T12:49:19+00:00May 30th, 2024|Case Study Children and Parenting Issues, Children & parenting issues, Co-Parenting|

As the summer holidays approach, many separated parents look forward to spending quality time with their children. However, if you’re worried that your ex might prevent you from seeing your kids this summer, you’re not alone. At Johnson Legal Family Law, we understand how distressing this situation can be. Here, we provide practical advice to help you navigate this challenging time and ensure that your rights as a parent are respected.

Understanding Your Legal Rights

Both parents share equal rights and responsibilities for their child, entitling them to a meaningful contact. While there are circumstances where it may be appropriate for a […]

Is Domestic Abuse always physical abuse?

cmathison2024-09-20T12:51:58+00:00May 17th, 2024|Case Study Divorce, Case Study Protection From Domestic Abuse, Domestic Abuse, Family Law News, Protection from Harassment & Domestic Violence|

When we think of domestic abuse, our minds often conjure images of physical violence. While physical abuse is a grave and urgent issue, it’s important to understand that domestic abuse isn’t always physical.

Domestic abuse can manifest in various forms including emotional, financial, digital or sexual abuse. Our team is experienced in supporting victims of all types of abuse and raising awareness about the many faces of domestic violence.

If you are experiencing domestic abuse, the first phone call you should make is to the Police. For more […]

Navigating infidelity in Scotland: Can cheating be forgiven?

cmathison2024-09-20T12:53:49+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 […]

Case Study: Securing the largest award of damages ever in Scotland

Lorna2020-07-10T08:40:06+00:00July 10th, 2020|Case Study, Case Study Award of Damages|

Problem

Our clients’ young son was catastrophically injured in a car crash leaving him tetraplegic and ventilator dependent. The accident was caused by a foreign driver being on the wrong side of the road. The family lived in a historic property on the coast which was incapable of adaptation for their son’s needs.

Advice

Our Fiona Mundy represented the family in proceedings in the Court of Session. The whole process of recovering damages lasted over 8 years and involved the instruction of numerous professionals to obtain very specialist advice. Our clients were awarded interim damages which enabled them to purchase land to […]

Case Study: Securing a fair financial settlement

Lorna2020-07-10T08:30:32+00:00July 10th, 2020|Case Study, Case Study Children and Parenting Issues, Case Study Divorce|

Problem

Our client was involved in a protracted action of divorce over a period of almost 3 years due to the complication of alleged assault by one of the couple’s children.

During the course of the marriage, our client, the father of two children had been persuaded to give up his well paid job to look after the children, enabling his wife to pursue her career which involved spending significant time away from the family home. The eldest daughter was very close to her mother and resented her being away; she didn’t have a good relationship with her father whom she […]