Family Law News Archives - Page 3 of 4

Blog: Sep-pet-ration – when breakups get furry

Lorna2020-10-02T15:38:22+00:00October 2nd, 2020|Family Law News, Separation Agreements|

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 […]

Blog: Children (Scotland) Act 2020 – what does it mean for me?

Lorna2020-10-02T15:37:32+00:00October 2nd, 2020|Children & parenting issues, Family Law News, Separation Agreements|

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. […]

Same sex marriage and civil partnerships

Lorna2020-07-01T17:17:38+00:00June 8th, 2020|Cohabitation, Divorce & Dissolution of Civil Partnerships, Family Law News, Information|

21st century Scotland has proudly recognised and promoted the importance of equality for all couples no matter their sexual orientation. After a series of radical changes to the law, Scotland topped the Rainbow Index of European countries in both 2015 and 2016. This identifies the best country in Europe for lesbian, gay, bisexual, transgender and intersex (LGBTI) equality and human rights. In 2019, Scotland would have been placed third on the Rainbow Index if it been marked independently from the rest of the United Kingdom. This ranking recognises the steps Scotland continues to take to bridge the gaps of inequality.

The […]

Coronavirus Crisis: Guidance on Compliance with Court Orders Relating to Parental Responsibilities and Rights

Admin2020-03-27T15:28:20+00:00March 27th, 2020|Family Law News, Information|

This short statement is intended to offer general advice to parents and carers whose children are the subject of orders made by a court relating to parental responsibilities and rights, for example in relation to contact or residence. During the current Coronavirus Crisis, it is understandable that there may be some concern regarding how court orders can safely be complied with. The circumstances of each child and family will differ, but the following general guidance suggests how to proceed appropriately.

Parental responsibility for a child who is the subject of any order relating to parental responsibilities and rights made […]

Separation and Wills in Scotland

Admin2020-03-26T14:06:46+00:00March 26th, 2020|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Family Law News, Separation Agreements|

Stay home, protect the NHS, save lives.

In these uncertain times, we are all staying at home to keep our loved ones safe. You can further protect your loved ones by making sure that you have an up-to-date Will in place. Our Private Client team is working from home and we are ready to help you. If you already have a will but have questions or you wish to update your Will then a member of our Private Client team is available to discuss this with you either over the telephone, via Skype/Facetime/Zoom and by email to help you make arrangements […]

Edinburgh Sheriff Court: Coronavirus Emergency Contingency Arrangements

Admin2020-03-27T12:58:30+00:00March 26th, 2020|Family Law News|

CORONAVIRUS

EMERGENCY CONTINGENCY ARRANGEMENTS

EDINBURGH SHERIFF COURT

GUIDANCE IN RESPECT OF CIVIL AND CRIMINAL BUSINESS

Guidance has been issued over the past few days with regard to both Criminal and Civil business.

That guidance requires to be updated following the stringent restrictions put in place by the United Kingdom and Scottish Governments on Monday of this week.

With immediate effect the following arrangements for the programming of courts will apply.

A court will be programmed to deal with criminal business including custodies each day of the week.
There will be no civil courts programmed until further notice. However, a sheriff will be available to determine any […]

Covid-19: Civil Court Suspension

Admin2020-03-25T09:14:12+00:00March 24th, 2020|Family Law News|

We have received confirmation today from the courts that all civil court business will be suspended at least until 19^th June. This means that any hearings fixed between now and 19^th June will be postponed until a later date. this includes cases that have been assigned proofs, Child Welfare Hearings and all procedural courts. The court has the capacity to hear the most urgent of cases where orders are needed for immediate protective orders only. This is where the safety of an adult or child is at risk. The court will not be processing any new Family Law cases and […]

What to do if you don’t agree with prenuptial agreements

Admin2016-12-05T16:16:17+00:00July 22nd, 2015|Family Law News|

Prenuptial agreement are historically more enforceable in Scotland than the rest of the UK. So Scottish divorce lawyers are typically well versed in this area. And Beverley Johnson is no exception. Here’s a breakdown of what the agreements are and what alternatives are available.

However you feel about prenuptial agreements, they’re a very effective way of protecting your assets if you end up divorcing or separating. But if you’d rather not plan for such an event, there are other ways to keep yourself and your property safe.

Keep records of your pre-marriage life

Make sure you have solid records of your financial, property […]

Why marriage can give you a fairer deal

Admin2016-12-05T16:16:18+00:00May 4th, 2015|Family Law News|

A few years ago a Supreme Court Judgement became a hot topic in the world of Scottish Divorce Law. It concerned the right to property by cohabiting partners who had recently separated.

The case, Gow vs Grant, was especially significant in Scotland because it was widely held as an example of Scottish Law’s flexibility compared to that of English. It also highlighted a point constantly seen in Scottish separation cases; married couples are in a better position.

Assumptions

As we mentioned in an earlier article, there is a tendency for cohabiting couples to assume they have the same rights as married couples. This […]

Registration is now open for UK Marriage Allowance

Admin2016-12-05T16:16:18+00:00February 20th, 2015|Family Law News|

Beginning April, married couples and couples in civil partnerships can take advantage of the new marriage allowance helping them save up £212 a year…

What does this mean?

If you or your partner pay no income tax due to earning below the basic income threshold of £10,600, you can transfer up to £1,060 of your personal tax-free allowance to your partner (provided they are currently not paying more than the basic rate of income tax).

Registration is now open and applying online is straightforward. You can register your interest to receive the Allowance now – gov.uk/marriageallowance.