Edinburgh Family Law News

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 […]

Notarising a letter of consent for single parent holiday travel

2016-12-05T16:16:17+00:00June 8th, 2016|Children & parenting issues, Information|

The school summer holidays are almost upon us. After checking that passports are in date and insurance is valid, there could be a final item on your holiday checklist that you have realised you will need: a letter of consent for your child to travel. Increasingly, anybody who is travelling abroad with a child should consider whether a notarised letter of consent to travel is necessary or advisable.

When might I need this?

If both parents are travelling with their child they will not need a notarised letter of consent. However if only one parent, or somebody other than a child’s parent, […]

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

2016-12-05T16:16:17+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 divorce is easier in Scotland

2016-12-05T16:16:17+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 […]