Divorce Archives - Edinburgh Family Law

Can I Stay in the Family Home if we Divorce?

cmathison2024-12-23T12:47:47+00:00December 23rd, 2024|Divorce|

Deciding who stays in the family home during and after a divorce can be one of the most challenging and emotional aspects of separation. In Scotland, there are specific legal principles that guide this process, and understanding your rights can help you make informed decisions about your future.

Who Has the Right to Stay in the Family Home?

In Scotland, the family home is considered “matrimonial property” if it was purchased or acquired for use during the marriage. Whether the property is owned solely by one spouse or jointly, both parties typically have occupancy rights under the Matrimonial Homes (Family Protection) (Scotland) […]

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 […]

Can you find happiness after a divorce?

cmathison2024-09-20T13:01:52+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 […]

You’ve had a terrible Christmas and want to separate – what now?

cmathison2024-09-20T13:06:34+00:00January 4th, 2024|Christmas, Divorce, Divorce & Dissolution of Civil Partnerships, Separation Agreements|

In our experience, Christmas can be the final straw for relationships that have been delicate for some time. The cost-of-living crisis has exacerbated this further with heightened financial concerns magnifying issues.

Many couples were already at breaking point before Christmas but the last thing they wanted to do is to make Christmas even more strained by voicing their relationship doubts.

Online visits to our divorce and separation webpages are 30 percent higher during January and February every year. “Divorce Month” isn’t a happy occasion and contacting a solicitor can be a daunting process. We know there will be many couples who have […]

How much does a divorce cost and how long does it take?

cmathison2024-02-21T11:30:21+00:00October 25th, 2023|Divorce, Divorce & Dissolution of Civil Partnerships|

How much does a divorce cost?

The cost of a divorce ultimately depends on the case, the people involved and the extent of the dispute between you and your ex-spouse. One of our Family Lawyers Hayley Mitchell speaks about this in more detail on our TikTok channel.

At your first appointment with your solicitor, we would consider your circumstances, the extent of the dispute or future dispute and give you an indication of what costs you can expect to resolve your divorce.

Simplified process

The cheapest way to get a divorce is by using the simplified procedure, however, this is not […]

Top 5 tips to look after your mental health during a separation or divorce

cmathison2024-02-21T11:53:28+00:00September 28th, 2023|Divorce, Divorce & Dissolution of Civil Partnerships, Separation Agreements|

World Mental Health Day (10 October) is about raising awareness of mental health and driving positive change for everyone’s mental health.

When you’re going through a separation or divorce, it is natural to have feelings of worry, stress and anxiety which can have an impact on your mental health. The legal process itself can feel complex and alien, even with expert guidance. After the legal part is finished, there are the unknowns for the future.

It’s really important to take good care of your mental health during this process. This will support you to make strong, informed decisions to move forward with your life.

Here are […]

How to get a divorce in Edinburgh

cmathison2024-09-20T13:12:41+00:00August 16th, 2023|Divorce, Divorce & Dissolution of Civil Partnerships|

Many people don’t realise that divorcing in Scotland is not the same process or the same legal system as divorcing in England or Wales.

At Johnson Legal Family Law, we care about our clients. We recognise that a dispute with your spouse or partner is one of the most stressful life events you may ever deal with. We listen to and empower our clients to take control and move forward with their lives.

How can I establish that my marriage has broken down?

If you’re looking to get a divorce with a Family Law firm in Edinburgh, you need to establish to a court […]

Why do divorce and separation rates peak after the summer holidays?

cmathison2024-09-20T13:13:43+00:00July 26th, 2023|Divorce, Divorce & Dissolution of Civil Partnerships, Separation Agreements, Summer Holidays|

The summer holidays can be a magical time for families to make memories, go on trips and spend uninterrupted quality time together.

However, in our experience, the school summer holidays can often be the final straw for relationships that have been fragile for some time.

It’s been well researched and documented that parents often experience an increase in domestic arguments during the summer months, which in turn may lead them to becoming disillusioned with their relationship and to question its long-term viability.

End of the school holidays is one of the busiest times for Family Lawyers

Outside of post-Christmas enquiries in January, the end […]