Family Law News

On 6^th April 2022, a significant change was made in Family Law for England and Wales. For the first time, one spouse is now able to make a statement to the court that their marriage has ended without having to prove it is over or explain why it has ended. The statement itself, even if only made by one spouse, is enough for the court to be able to grant divorce after a 20 week “cooling off period” without needing any further information about why the spouse believes their marriage is over.

This change has been hailed as revolutionary. […]

Spouses can make a financial claim on divorce. In a financial claim on divorce, it is generally, the net value of matrimonial property (which belongs to the spouses at the date of the parties’ separation) is shared fairly between the spouses. Matrimonial property includes property such as savings, property, businesses, income from rental property, pensions and investments. All matrimonial property held by the spouses at the date of separation goes into the total value of the matrimonial pot.

Concerns may arise where one spouse exclusively manages the family finances or they may be more familiar with the finances that the other […]

Decisions in respect of a child’s education are usually taken in the course of a parent exercising their parental right (and responsibility) to direct or guide, the child’s upbringing.

For state education, a child will usually attend the school in their catchment area. Should the parents agree that their child is to attend a school then usually no issues arise. If, however, there is a desire for the child to attend a school which is outside the catchment area then a ‘placing request’ is made to the relevant local authority. An unsuccessful request can be appealed to […]

Congratulations to you if you were one of the lucky people who got engaged over Christmas and New Year! We wish all the happy couples a long and happy life together.

When planning a wedding, a solicitor might not be an obvious person to contact but fundamentally getting married is entering into a legal contract, and it is really hard to get out of it once you have made your vows.

The legal contract of marriage is given such a high status in Scottish Law that the contract can only be ended by the death of a spouse or an order made […]

Everyone loves a wedding.

However, don’t be fooled by the big white dress, the fabulous honeymoon and the expensive party with your nearest and dearest. When you get married you are entering into a legal contract. You are creating legal rights and responsibilities, and most people have no idea what these are. The contract is so ironclad, it needs a court to officially end the marriage. That court can decide what happens to your house, your pension, even your children.

Of course, people generally don’t get married with the intention of anything other than happily ever after. Sadly, the divorce rate is […]

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 […]