Edinburgh Family Law News

Divorce & Pensions Made Simple

2019-08-14T12:42:45+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 […]

The new form F9

2019-09-24T15:26:23+00:00July 24th, 2019|Children & parenting issues|

It is at the very heart of the Scottish legal system, that all individuals have a right to have a say in any decision that will affect them and their families. One question that many of our clients ask is “how will this decision affect my children?”. This is particularly true in child contact cases. Parents are naturally concerned about involving their children in their court case.

Research, commissioned by the Scottish Government, has pointed to the importance of ensuring legislation is aimed at putting children at the center of decisions that affect them, while also stressing that the views of […]

Surrogacy in Scotland

2019-07-24T13:28:12+00:00July 24th, 2019|Children & parenting issues|

Receiving the title of “mummy” or “daddy” is single handedly one of the greatest achievements of an individual’s life.  However, the road to parenthood is not always an easy feat.  With medical and scientific advancements coming on leaps and bounds, this poses certain problems for our surrogacy laws, which we are now decades old and out of date.

How is the law changing and what benefits will new UK wide law commission consultations have to those who are seriously considering the surrogacy option?

Current laws surrounding surrogacy

In a society of Kanye Wests and Kim Kardashians, it is no surprise that surrogacy is […]

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

2019-06-11T13:59:32+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 […]

The Domestic Abuse (Scotland) Act 2018

2019-06-11T13:53:58+00:00June 11th, 2019|Protection from Harassment & Domestic Violence|

The Domestic Abuse (Scotland) Act 2018 has now come into full effect as of 1 April 2019.

As of 1 April 2019, a person commits an offence if they engage in a course of behaviour which is abusive to their partner or ex-partner. The person commits an offence if a “reasonable person” would consider the course of behaviour likely to cause the person to suffer physical or psychological harm. Psychological harm under the legislation includes fear, alarm and distress. The “reasonable person” test allows the court to be objective in their view while also taking into account the individual circumstances of […]

Johnson Legal’s Hayley Mitchell appointed as a director to the board of Fathers Network Scotland

2019-02-07T13:14:52+00:00February 7th, 2019|Company News|

Johnson Legal are pleased to announce that Hayley Mitchell has been appointed as a director to the board of Scottish charity Fathers Network Scotland.

Fathers Network Scotland seek to drive positive cultural change by inspiring organisations, communities and individuals to engage, support and empower men to be the fathers they want to be. Their current work includes the “How Are You, Dad?” campaign: an initiative supported by the Scottish Government where midwives and health visitors in Fife, North Lanarkshire, Lothian and Greater Glasgow will be trained to recognise postnatal paternal depression and help fathers to access support and also the Fathers […]

Brexit is not the only divorce conversation happening right now

2019-01-18T13:48:47+00:00January 18th, 2019|Divorce & Dissolution of Civil Partnerships, Seperation 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 […]

If a picture is worth a thousand words, how much will I get for a video?

2018-08-27T13:31:07+00:00August 27th, 2018|Children & parenting issues|

Last week in court we advised a client to lodge a video clip as a production for a Child Welfare Hearing. To the non-lawyer, this probably doesn’t sound like unusual advice but I can almost hear the intake of breath from the family law solicitors reading this post. Frankly, it just isn’t done. Court 14, the venue for almost all Child Welfare Hearings in Edinburgh Sheriff Court, isn’t even set up with TV screens to show videos.

In the age of social media where a camera phone is ready to record any possible Facebook-worthy moment, many clients are baffled to hear […]

When is unreasonable behaviour sufficiently unreasonable?

2018-08-08T15:13:39+00:00July 30th, 2018|Cohabitation, Divorce & Dissolution of Civil Partnerships, Seperation 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 […]

Pre-nuptials – Scotland v England

2016-12-05T16:16:17+00:00June 17th, 2016|Nuptial Agreements|

The case of Radmacher v Granatino continues to shine a light on the key differences between divorce law in England and Scotland, and what this can mean for you…

With nearly half of 18 to 24 and 45 to 54 year olds stating they’d be willing to sign a pre-nuptial agreement, it’s more important than ever to fully understand when and why to get an agreement, and what the agreement actually means in your country.

The well-publicised English Radmacher case was the catalyst for an increasing acceptance of pre-nuptial agreements by the courts in England and Wales. While Mr Granatino challenged the […]