Edinburgh Family Law News

Case Study: Securing appropriate aliment

2020-07-08T14:32:16+00:00June 8th, 2020|Case Study, Case Study Divorce, Case Study Separation Agreements|

Problem

A marriage had ended between a wealthy businessman and his wife (our client). The husband had provided significant financial support during the marriage to his wife and her teenage child. During happier times, the husband and wife had changed the child’s surname to be the same as their married name. Under Scottish law, spouses are required to provide financial maintenance to each other and also to any child accepted as a child of the family. This is called aliment.

The husband argued that the sum sought by the wife for herself was not fair and reasonable. He also argued that he […]

Case study: Successfully protecting the most vulnerable

2020-06-08T19:17:10+00:00June 8th, 2020|Case Study, Case Study Protection From Domestic Abuse|

Problem

Our client contacted us urgently to seek a court order to protect himself and his family from his wife. His wife had assaulted one of their teenage children. She was excluded from the house when on bail but intended to return home when the bail conditions were lifted.

Advice

Our client and the children were at risk to their health because of the wife’s behaviour. We were required to raise immediate court proceedings supported by written, sworn statements to prove this to the court. The wife was due to return to the property in 48 hours and that therefore extreme urgency was […]

Case Study: Helping you insure your future

2020-06-29T12:38:48+00:00June 8th, 2020|Case Study, Case Study Cohabitation, Case Study Pre and Post Nuptial Agreements|

Problem

Our client wanted his partner to move into his house. Both parties had been divorced and were considering marriage. Our client had a good financial position from his divorce settlement which included his home. His partner had her own assets including a business. The parties wanted a written agreement which would protect them both.

Advice

We advised our client that a Cohabitation Agreement could protect them both by setting out what they wanted to agree. This agreement would protect them both if they separated even if they had decided to get married. We ensured both parties knew that they were required to […]

Case Study: Putting the child’s best interest first, always

2020-06-08T19:03:06+00:00June 8th, 2020|Case Study, Case Study Children and Parenting Issues, Case Study Divorce, Case Study Separation Agreements|

Problem

Our client, the father, had a very difficult relationship with the mother of their two young children. The mother refused to allow our client to have overnight care of the children. The mother would only allow any contact to happen when a court order was made. The children knew that their mother strongly disliked their father.

Advice

We argued that the children had a good relationship with their father and that this was being inhibited by the mother’s view of the father. The father had a beautiful and happy home the children enjoyed visiting. The children wanted to spend more time with […]

Case Study: Helping you reach a good out of court settlement

2020-07-08T14:30:47+00:00June 8th, 2020|Case Study, Case Study Cohabitation|

Problem

Our client had cohabited with his partner for over ten years. They had a child together. During their relationship, his partner did not work. Our client had enjoyed a very successful career before and during their relationship and had amassed assets in his name worth over £7 million. The parties separated and our client’s ex-partner wanted to claim a share of the value of his assets.

Advice

A cohabitant can only make a restricted claim in court, which is to seek payment of a sum of money if certain criteria are met. The majority of our client’s assets were rental properties. We […]

Case Study: Achieving the right financial outcome for the whole family

2020-06-08T18:58:58+00:00June 8th, 2020|Case Study, Case Study Divorce, Case Study Separation Agreements|

Problem

Our client had separated from her husband. She wanted to retain the family home but could not afford the mortgage repayments on her income. Their two children were happy and settled at a local private school. Her husband had a valuable pension he wanted to keep.

Advice

We carefully identified then valued all the assets and debts that the parties had on the date that they separated. The wife needed financial support from her husband to adjust to the parties’ separation. We proposed that he agreed to pay this as a lump sum that would allow her to pay off the mortgage. […]

Case Study: Resolving the complex issue of international relocation

2020-06-08T19:18:19+00:00June 8th, 2020|Case Study, Case Study Children and Parenting Issues, Case Study Divorce, Case Study Separation Agreements|

Problem

Our client, the father, did not want the mother to relocate from Scotland to the Far East with the couple’s five year old child. The mother was from the Far East. She had been offered a better paid job and would have access to family support. The father was British. The parties had lived in the UK most of the child’s life. The child had regular overnight contact with his father. The child had a close and loving relationship with both parents.

Advice

The legal test for the court to decide was if the proposed move would be in the child’s best […]

Same sex marriage and civil partnerships

2020-07-01T17:17:38+00:00June 8th, 2020|Cohabitation, Divorce & Dissolution of Civil Partnerships, Family Law News, Information|

21st century Scotland has proudly recognised and promoted the importance of equality for all couples no matter their sexual orientation. After a series of radical changes to the law, Scotland topped the Rainbow Index of European countries in both 2015 and 2016. This identifies the best country in Europe for lesbian, gay, bisexual, transgender and intersex (LGBTI) equality and human rights. In 2019, Scotland would have been placed third on the Rainbow Index if it been marked independently from the rest of the United Kingdom. This ranking recognises the steps Scotland continues to take to bridge the gaps of inequality.

The […]

Impact of Covid-19 on Child Maintenance Payments

2020-03-30T13:39:43+00:00March 30th, 2020|Children & parenting issues, Information|

The impact of COVID-19 reaches beyond a risk to public health and well-being.  The damage the coronavirus will have on our economy is becoming increasingly more apparent.  Many business owners have had to shut up shop with staff being made redundant and others being asked to take pay cuts to their normal salaries.  This is worrying for all, especially those with young families and dependants.  While there are reliefs being made available for expenses such as mortgages, many clients have been in touch in relation to continuing maintenance obligations for their children.

The situation and guidance is constantly evolving, however, we […]

Coronavirus Crisis: Guidance on Compliance with Court Orders Relating to Parental Responsibilities and Rights

2020-03-27T15:28:20+00:00March 27th, 2020|Family Law News, Information|

This short statement is intended to offer general advice to parents and carers whose children are the subject of orders made by a court relating to parental responsibilities and rights, for example in relation to contact or residence. During the current Coronavirus Crisis, it is understandable that there may be some concern regarding how court orders can safely be complied with. The circumstances of each child and family will differ, but the following  general guidance suggests how to proceed appropriately.

  1. Parental responsibility for a child who is the subject of any order relating to parental responsibilities and rights made […]