Case Study Separation Agreements Archives

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 […]

Case Study: Securing appropriate aliment

Lorna2020-07-08T14:32:16+00:00June 8th, 2020|Case Study, Case Study Divorce, Case Study Separation Agreements|

Problem

A marriage had ended between a wealthy businessman and his wife (our client). The husband had provided significant financial support during the marriage to his wife and her teenage child. During happier times, the husband and wife had changed the child’s surname to be the same as their married name. Under Scottish law, spouses are required to provide financial maintenance to each other and also to any child accepted as a child of the family. This is called aliment.

The husband argued that the sum sought by the wife for herself was not fair and reasonable. He also argued that he […]

Case Study: Putting the child’s best interest first, always

Lorna2020-06-08T19:03:06+00:00June 8th, 2020|Case Study, Case Study Children and Parenting Issues, Case Study Divorce, Case Study Separation Agreements|

Problem

Our client, the father, had a very difficult relationship with the mother of their two young children. The mother refused to allow our client to have overnight care of the children. The mother would only allow any contact to happen when a court order was made. The children knew that their mother strongly disliked their father.

Advice

We argued that the children had a good relationship with their father and that this was being inhibited by the mother’s view of the father. The father had a beautiful and happy home the children enjoyed visiting. The children wanted to spend more time with […]

Case Study: Achieving the right financial outcome for the whole family

Lorna2020-06-08T18:58:58+00:00June 8th, 2020|Case Study, Case Study Divorce, Case Study Separation Agreements|

Problem

Our client had separated from her husband. She wanted to retain the family home but could not afford the mortgage repayments on her income. Their two children were happy and settled at a local private school. Her husband had a valuable pension he wanted to keep.

Advice

We carefully identified then valued all the assets and debts that the parties had on the date that they separated. The wife needed financial support from her husband to adjust to the parties’ separation. We proposed that he agreed to pay this as a lump sum that would allow her to pay off the mortgage. […]

Case Study: Resolving the complex issue of international relocation

Lorna2020-06-08T19:18:19+00:00June 8th, 2020|Case Study, Case Study Children and Parenting Issues, Case Study Divorce, Case Study Separation Agreements|

Problem

Our client, the father, did not want the mother to relocate from Scotland to the Far East with the couple’s five year old child. The mother was from the Far East. She had been offered a better paid job and would have access to family support. The father was British. The parties had lived in the UK most of the child’s life. The child had regular overnight contact with his father. The child had a close and loving relationship with both parents.

Advice

The legal test for the court to decide was if the proposed move would be in the child’s best […]