Divorce & Dissolution of Civil Partnerships Archives - Page 3 of 4

Divorce & Pensions Made Simple

Admin2019-08-14T12:42:45+00:00August 14th, 2019|Divorce & Dissolution of Civil Partnerships|

The division of assets on the breakdown of a marriage can be very difficult, as the funds which once comfortably managed to support one family unit, now have to support two. This can often leave families stretched when two separate units are taken into consideration.

While many assets can be taken into account, one which a client often worries about is their pension interests. A pension can, collectively, be the highest valued asset that someone will own in their lifetime. As such, careful consideration must be given to what extent a pension can be regarded as matrimonial property for divorce and […]

Will the impact of the new “no-fault” legislation to reform divorce law in England and Wales encourage Scotland to make a change?

Admin2019-06-11T13:59:32+00:00June 11th, 2019|Divorce & Dissolution of Civil Partnerships|

Under new legislation, couples in England and Wales can now apply for “no fault divorces” under new government proposals. This will come into effect shortly.

Parties looking to divorce will simply need to write a formal statement stating that their marriage has broken down irretrievably either jointly (or one party can apply). This will abolish the requirement of proof and a minimum period of separation or consent by the other party. It will also remove the ability for one party to contest the divorce, which can delay proceedings. However, this does not apply to financial and child matters.

A 6 month minimum […]

Brexit is not the only divorce conversation happening right now

Admin2019-01-18T13:48:47+00:00January 18th, 2019|Divorce & Dissolution of Civil Partnerships, Separation Agreements|

Never mind the Brexit debate of “Will we or won’t we go?”, Family Law solicitors know that conversations about splitting up are taking place in households in Scotland.

Splitting up

Deciding to leave a relationship is an incredibly difficult decision. People are often unsure what will happen to their finances and children, which have to be balanced with the feelings of deep unhappiness that can lead to relationship breakdown.

If you are considering leaving a marriage, you need to be aware of how the law will apply to you.

If you continue to live together as husband and wife, you will have all the […]

When is unreasonable behaviour sufficiently unreasonable?

Admin2018-08-08T15:13:39+00:00July 30th, 2018|Cohabitation, Divorce & Dissolution of Civil Partnerships, Separation Agreements|

The recent Supreme Court appeal case of Owens v Owens has resulted in considerable public and media attention. Mrs Owens sought decree of divorce from her husband. It was Mrs Owen’s positon that the behaviour of her husband meant that it was unreasonable to expect her to continue to require to live with him as his wife. Mr Owens defended the case by stating that the parties’ marriage had not broken down irretrievably. Mrs Owens stated a total of 27 allegations of Mr Owen’s behaviour. At the conclusion of the hearing the judge in the first instance refused to […]

Why divorce is easier in Scotland

Admin2016-12-05T16:16:17+00:00June 10th, 2015|Divorce & Dissolution of Civil Partnerships|

You might have seen in the press the English divorce case between Richard and Ekaterina Fields where the judge has been encouraging both parties to reach a settlement as soon as possible.. As it stands the case is likely to cost £250K for a ten day hearing.

The arguments are about the division of £6M in matrimonial assets and Mrs Field’s level of maintenance. As it stands the case has already cost an estimated £1M and because of the unpredictable nature of English divorce cases, this is not surprising.

However in Scotland the law is much clearer about the possible outcomes of a divorce. Meaning cases tend to cost the couple less […]

Mediation: It’s never too late to talk

Admin2016-12-05T16:16:18+00:00April 14th, 2015|Divorce & Dissolution of Civil Partnerships, Information|

We often get asked, ‘What makes a divorce as simple as possible?’ And our answer is always the same. Communication. In all our years as Scottish divorce lawyers we’ve seen countless cases where hassle could have been avoided by simply talking things through.

Mediation is the key to communication. It allows you and your spouse to sort out difficult issues without revisiting old arguments or getting off topic. Beverley Johnson is one of Edinburgh’s leading authorities on Scottish divorce. With our help you can gain a better understanding of the law and decide if mediation is right for you.

What is a […]

Divorce and custody in Scotland: Doing what’s best for your child

Admin2016-12-05T16:16:18+00:00March 18th, 2015|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Information|

As we all know, the most important issue in child custody cases is always the welfare of the children. And Scottish divorce law is no different.

Just like the rest of the UK, the process of figuring out the best custody arrangement depends greatly on you and your partner. If you agree on what’s best for your child outside of court the process will be much easier all round.

How to reach an agreement

Obviously this is a time of high tension and communication can be difficult at best. Which is why many couples use mediators or solicitors to manage the conversation and […]

Divorce in Scotland; everything you need to know

Admin2018-08-08T15:47:44+00:00November 4th, 2014|Divorce & Dissolution of Civil Partnerships, Information|

The end of a marriage is always a complicated and difficult time. The stresses and pressures of the situation are only heightened by the complicated legal issues that come with it. So it’s important to know your way around these issues and how to deal with them. Beverley Johnson is one of Scotland’s leading authorities on handling divorce in an amicable, sensitive manner.

As you’re probably aware, some of the most common issues are where you’re going to live, how to fairly handle your finances and, if you have children, who will get custody. These should all be considered before you […]

A beginner’s guide to collaborative divorce in Scotland

Admin2016-12-05T16:16:18+00:00September 23rd, 2014|Divorce & Dissolution of Civil Partnerships, Information|

Beverley Johnson is a local expert in divorce and collaborative law. Below is a breakdown of how it works and whether it’s for you.

Collaborative law

Communication can be difficult during a divorce. The inevitable tensions between you and your spouse can cloud issues and make it hard to move discussions forward. Collaborative law is a more productive way to deal with the issues whilst retaining a face-to-face dialogue.

How it works

You and your partner will each appoint your own lawyer and then attend ‘four way meetings’. These involve you, your spouse and both lawyers sitting down […]

How the recession changed divorce in Scotland

Admin2016-12-05T16:16:18+00:00May 26th, 2014|Divorce & Dissolution of Civil Partnerships, Family Law News, Information|

Since the recession hit we’ve all had to tighten our purse strings. And sadly this has meant more couples remaining in unhappy relationships because they think separation is too expensive.

A Grant Thornton study found half of solicitors stating the poor economy had led to a fall in the annual number of divorce proceedings. The couples and families involved generally don’t see this as avoiding divorce, just delaying it.

And it’s no surprise, we’re all aware the average household income has fallen and legal aid is now less available (or accessible). It could be seen as a good thing that couples are […]