Johnson Legal Family Law News & Blog

Can I Stay in the Family Home if we Divorce?

cmathison2024-12-23T12:47:47+00:00December 23rd, 2024|Divorce|

Deciding who stays in the family home during and after a divorce can be one of the most challenging and emotional aspects of separation. In Scotland, there are specific legal principles that guide this process, and understanding your rights can help you make informed decisions about your future.

Who Has the Right to Stay in the Family Home?

In Scotland, the family home is considered “matrimonial property” if it was purchased or acquired for use during the marriage. Whether the property is owned solely by one spouse or jointly, both parties typically have occupancy rights under the Matrimonial Homes (Family Protection) (Scotland) […]

Why You Should Consider a Prenuptial Agreement this Christmas

cmathison2024-12-13T11:15:09+00:00December 12th, 2024|Prenuptial|

As Christmas approaches, many couples are reflecting on their relationships, planning for the future, and making important decisions about life ahead including the prospect of getting married. While the holiday season often brings thoughts of love, family, and togetherness, it’s also an ideal time to consider important matters that will help protect your future — like a prenuptial agreement.

A prenuptial agreement isn’t just a legal formality; it’s an important way to safeguard both you and your partner in case the unexpected happens.

How to Protect Yourself from Domestic Abuse Over Christmas

cmathison2024-11-28T14:39:22+00:00November 28th, 2024|Case Study Protection From Domestic Abuse, Christmas, Domestic Abuse, Uncategorized|

The holiday season is often a challenging time for victims of domestic abuse, with financial pressures, alcohol consumption, and prolonged time spent together with partners intensifying abusive behaviours. Reports of domestic abuse tend to rise during this period, and opportunities to seek help can become limited due to school closures, reduced access to services, and a general holiday slowdown.

If you or someone you know is experiencing domestic abuse, know that there are legal protections available to ensure your safety and wellbeing. Here is a guide to taking steps to protect yourself:

1. Contact the Police Immediately

The first step in any emergency […]

Buying your first home together but contributing different deposits? Here’s why you need a Minute of Agreement

cmathison2024-11-22T07:48:42+00:00November 22nd, 2024|Civil Partnerships, Cohabitation, Family Law News, Finance, Money, postnuptial, Separation Agreements|

When purchasing a property with a partner, many couples contribute unequal amounts to the deposit. This can happen for various reasons—one partner may have saved more, received a gift from family, or sold a previous property. Whatever the reason, if the relationship ends, tensions can arise over how the deposit and any equity are divided. A Minute of Agreement is a practical and legally binding way to protect both parties and ensure that contributions are reflected fairly.

What is a Minute of Agreement?

A Minute of Agreement is a formal legal contract, often referred to as a postnuptial or cohabitation […]

Scottish Law Commission Calls for Reforms to Address Tech and Financial Abuse

cmathison2024-10-29T16:05:58+00:00October 28th, 2024|Case Study Protection From Domestic Abuse, Civil Partnerships, Company News, Family Law News, Finance|

The Scottish Law Commission has highlighted the urgent need for reform in addressing domestic abuse, emphasising the significance of recognising both tech and financial abuse. As the landscape of abuse evolves, these forms of coercion require specific legal attention to protect victims effectively.

What is Tech Abuse?

Tech abuse involves the use of technology to control, harass, or stalk an individual. This can manifest in various forms, including:

– Monitoring Devices: Abusers may install tracking software on a partner’s phone or computer or log into their partners emails in order […]

Is It Fair for my Partner to Request a Postnuptial Agreement After Several Years of Marriage? A Guide for Couples in Edinburgh

cmathison2024-10-23T12:30:42+00:00October 23rd, 2024|Family Law News, Nuptial Agreements, postnuptial, Prenuptial|

Marriage is built on trust, love, and mutual respect, but as life evolves, so too can the dynamics of a relationship. For some couples, this may lead to conversations about a postnuptial agreement —a legal document outlining how assets and responsibilities will be divided in the event of separation or divorce. But is it fair for one partner to request a postnuptial agreement after several years of marriage?

What is a Postnuptial Agreement?

A postnuptial agreement is similar to a prenuptial agreement, but it is entered into after a couple is already married. This legally binding contract can set out how […]

How Online Dating Impacts Divorce Rates and Why You Should Consider a Prenup in Scotland

cmathison2024-10-16T13:17:02+00:00October 16th, 2024|Family Law News, Information, Prenuptial|

Online dating has revolutionised how couples meet, changing the landscape of modern relationships. With platforms like Tinder, Bumble, and Match.com becoming mainstream, many couples today form romantic connections through digital means. But has this shift impacted the stability of marriages? And more specifically, how might it influence divorce rates?

As family law solicitors, we often work with couples navigating both the excitement of marriage and the challenges of divorce. Understanding the influence of online dating is crucial in addressing the complexities of relationships today.

Online Dating and Marriage in the UK

Online dating is now one of the most common ways to meet […]

My Ex Had the Kids for Christmas Last Year and Won’t Let Me This Year: What Can I Do?

cmathison2024-09-27T11:22:26+00:00September 26th, 2024|Children & parenting issues, Christmas, Co-Parenting, Family Law News, Separation Agreements|

The festive season is often a joyful time, especially for families. However, when parents separate, Christmas can become a source of stress and heartache, particularly when it comes to deciding where the children will spend the holidays. One common issue we hear is, “My ex had the kids for Christmas last year and won’t let me this year.” So, what can you do if you’re in this situation?

Here’s a step-by-step guide to help you navigate this difficult situation while keeping the best interests of your children at the […]

Planning Child Contact Arrangements for the Halloween Holidays

cmathison2024-09-23T08:43:31+00:00September 23rd, 2024|Family Law News, Halloween|

For separated or divorced parents, the Halloween holidays and October mid-term break can present unique challenges when it comes to arranging child contact. We understand the importance of putting your child’s best interests first while navigating the complexities of family law. With Halloween approaching and schools closing for the October mid-term break, now is the time for separated parents to plan ahead and ensure smooth and amicable child contact arrangements.

Here’s our guide to help you through the process:

Communication is Key

Open and effective communication between co-parents is the foundation of successful child contact arrangements. Start by initiating a conversation with your […]