Information Archives - Page 3 of 6 - Edinburgh Family Law

Separation and divorce during the cost-of-living crisis

cmathison2023-03-09T09:09:55+00:00August 24th, 2022|Divorce & Dissolution of Civil Partnerships|

It’s safe to say that the temperatures have started to drop. Summer heatwaves have quickly become a distant memory. Alongside the horrifying thought of having to retrieve your coat from the cupboard, thoughts are also turning to thermostats and the cost of heating homes this winter. The headlines have moved on from COVID-19 to the cost-of-living crisis, and the warnings should not be taken lightly. People are facing a level of inflation that hasn’t been seen for fifty years and energy bills are predicted to reach record levels. As a result, it’s clear that everyone will feel the inevitable […]

Changing Your Legal Name

cmathison2023-03-09T09:08:12+00:00July 12th, 2022|Divorce & Dissolution of Civil Partnerships|

“What’s in a name… a rose by any other name would smell as sweet” is mused famously by Juliet in Shakespeare’s epic play about love and despair.

It has become commonplace in Scotland for a change of name to take place when a couple gets married. Traditionally the wife adopts the husband’s surname, and their children are also traditionally known by the paternal surname.

In Scottish Law, a wife becomes legally known by her husband’s surname once she’s been married. If a married woman raises court proceedings, particularly family law court proceedings, she will be described in those court […]

Navigating the summer holidays as separated parents

cmathison2022-10-13T09:23:08+00:00June 10th, 2022|Children & parenting issues|

After two years of holidays being postponed and cancelled, summer 2022 holds an enormous amount of promise. The world is calling and the people of Scotland are on their way!

For many separated parents, the summer holidays can throw your schedule totally off track. Managing childcare arrangements and foreign travel can lead to a stressful summer of arguments and tension if left to the last minute.

Here are some Family Law tips for planning a holiday between separated parents:

Leave plenty of time to make plans

Each regional Council publishes a school holiday calendar online at least twelve months […]

Who gets the pets?

cmathison2022-08-09T14:28:59+00:00May 18th, 2022|Separation Agreements|

In a country of animal lovers, our office at Johnson Legal is no exception. We are a dog friendly workplace with a resident dachshund and most of the staff have beloved furry friends at home.

In October 2020, we published a blog post about pet ownership for separating couples. We explained that Scottish Law considers your adored pet to be an item of property. There is no automatic presumption of shared ownership of a pet, even between a married couple. Proving ownership can be challenging, as one couple recently discovered when they decided to bring their dispute before the […]

Matrimonial Cases – Court is our last resort

cmathison2021-11-05T11:29:03+00:00November 5th, 2021|Divorce & Dissolution of Civil Partnerships|

The majority of matrimonial cases usually resolve without the publication of a written judgment for the public at large. In late October 2021, there was an exception to that. An English matrimonial case was recently published: Crowther v Crowther & Others [2021] EWFC 88. While Scotland and England have different rules of marriage and divorce, the principles are similar north and south of the border. The judgment is of interest for the manner in which the proceedings were conducted.

The case was remarkable in number of […]

Civil Partnerships – marriage in modern form?

Lorna2021-04-21T16:51:44+00:00April 21st, 2021|Civil Partnerships, Divorce & Dissolution of Civil Partnerships, Family Law News|

Heterosexual couples will be able to enter into a civil partnership in Scotland from 1 June 2021 therefore allowing all couples a choice between marriage and civil partnership, but will this be a popular alternative or will marriage continue to prevail?

Civil partnership was introduced in Scotland for same sex couples by the Civil Partnership Act 2004. The Act took effect from 5 December 2005 and allowed same-sex couples to enter into a civil partnership, a legal relationship which carries the same rights as marriage. In December 2014, same-sex couples became legally able to marry and so had the choice between […]

Written Agreements during a relationship: The Essentials

Lorna2021-03-01T19:32:01+00:00March 1st, 2021|Divorce & Dissolution of Civil Partnerships, Information, Nuptial Agreements|

There’s no getting around it, talking about a written agreement as part of a romantic relationship is definitely awkward. Whether pre-nuptial (before a marriage or civil partnership has taken place) or post-nuptial (after a marriage or civil partnership has taken place) a couple may wish to enter into an agreement in relation to some or all of their financial, living or childcare arrangements to inform what is to happen should the relationship end.

Cohabitation agreements

When a couple are residing together but have not married or entered into a civil partnership, it is still possible to enter into an agreement to prescribe […]

Separating in Scotland post-Brexit

Lorna2021-01-30T16:40:00+00:00January 30th, 2021|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Family Law News, Separation Agreements, Uncategorized|

31 December 2020 brought the end of the UK’s transition period for leaving the European Union and with it, a long-negotiated 1246-page Brexit agreement. But aside from the headline-grabbing issues, Brexit also has implications for those looking for family law advice in Scotland. Particularly affected are cross-border cases where families have connections with countries outside Scotland and parties therefore need to obtain legal advice about their situation.

Pre-Brexit, the rules for determining which court could hear a dispute and how court orders were recognised and enforced was contained in one tidy EU Regulation known as “Brussels II a”. Post-Brexit, Scotland has […]

Divorce week 2020 – How to prepare for a meeting with a family law solicitor

Lorna2021-01-10T17:45:12+00:00January 10th, 2021|Children & parenting issues, Divorce & Dissolution of Civil Partnerships, Separation Agreements, Uncategorized|

We’ve just come to the end of the first working week of the year – traditionally the busiest week of the year for family lawyers. Christmas and New Year holidays have historically been a time when couples have had the opportunity to share some downtime and reflect on their time together – and sometimes take the decision to go their separate ways.

In 2020, the festive season brought about additional pressure for families on top of what was undoubtedly a very stressful and unusual year for everyone. The coronavirus pandemic meant families spent prolonged periods together at home. For a large […]

Blog: Covid court – what can I expect when attending court in a pandemic?

Admin2020-12-08T17:30:40+00:00December 7th, 2020|Information|

In March 2020, the world as we know it changed for everyone. The Scottish legal system was not immune from the effects felt by the rest of the world. Courts immediately closed to all but essential business, hearings were cancelled and cases were put on indefinite hold. Yet legal problems did not go away. Solicitors required to advise clients that their cases could not proceed in court and no estimation could be given as to when that may be possible. Parties who had spent years waiting for a resolution to their case had to wait even longer. Something required to […]