Money Archives - Edinburgh Family Law

Should I consider a prenuptial agreement to protect my inheritance?

cmathison2024-02-21T11:37:25+00:00February 7th, 2024|Money, Prenuptial|

Inheritance can be a tricky point in a divorce. Inherited funds that are paid to one spouse during a marriage are not matrimonial property. However, in practice, this is not always straightforward.

Many people use inherited funds to upgrade their property, buy a new house altogether or to pay down a mortgage. The inheritance then gets tangled into a matrimonial asset or debt. Years can pass and people don’t usually keep detailed records to show what was applied where. If the issue becomes live at the point of the divorce, the person who received the original inheritance may have to ask […]

Talk Money Week: Edinburgh lawyers speak out on how to spot and stop financial control

cmathison2024-02-21T11:39:02+00:00November 7th, 2023|Family Law News, Money|

An Edinburgh Family Law firm is raising awareness of financially controlling relationships in a bid to encourage victims to seek help.

Johnson Legal Family Law has reported that financial control is a form of domestic abuse and that it’s present in 99% of domestic abuse cases.

The Domestic Abuse (Scotland) Act 2018 states that abusive behaviour can include making someone dependent on, or subordinate to their partner, isolating them from friends and family or controlling their day-to-day activities.

Beverley Johnson, Head of Family Law and Director of Johnson Legal Family Law, said: “Financial control deprives a partner of their financial autonomy leaving them feeling […]

How to spot and stop a financially controlling relationship

cmathison2024-02-21T11:37:19+00:00June 9th, 2023|Domestic Abuse, Family Law News, Money|

Financial control is a form of domestic abuse which is illegal and it’s often a hidden crisis that goes on behind closed doors.

The Domestic Abuse (Scotland) Act 2018 states that abusive behaviour can include
making someone dependent on, or subordinate to their partner, isolating them from friends and family, controlling their day-to-day activities and restricting their freedom of action.

Scottish Family Law firm Johnson Legal has reported that 1 in 5 of their clients are experiencing some form of financial […]

New Appeal Court decision passed regarding financial claims for couples who lived together. Don’t hang around to take advice

cmathison2024-02-21T11:34:36+00:00January 23rd, 2023|Cohabitation, Money|

If you have separated from your partner that you co-habited with then there is a key, recently reported Sheriff Appeal Court decision that you should be aware of. Currently the Family Law Act 2006 provides for financial claims following the end of a cohabiting relationship. These claims are known as Section 28 claims.

The claim is made in Court if you cannot negotiate it with your ex. The Act sets out all claims should be made within one year of the cohabiting relationship ending. There has for some time between some practical, intellectual and legal debate regarding when that year ends in terms of the deadline the Act […]