![]()
We offer a wide range of family law services and our Edward Danks is a member of the Family Law Association which is committed to the constructive resolution of family law disputes in Scotland.
Please click on any of the arrows below to expand the category and find out how we can help.
In terms of the Family Law (Scotland) Act 2006 unmarried couples who live together now have certain legal rights and obligations. These rights are:
Therefore, couples who are planning to live together should always consult with a solicitor and receive advice on what their rights and obligations will be. It is possible for parties to enter into a Cohabitation Agreement which will allow the cohabitants to agree what may happen if they separate. The cohabitants may also wish to instruct the preparation of new wills.
Paris Steele W.S. has many years of experience in dealing with the issues affecting cohabitating couples and would be happy to advise and assist you.
Regrettably, many marriages still end in divorce. The breakdown of any relationship is difficult and parties will need detailed professional advice on their rights and obligations. Our Edward Danks is a member of the Family Law Association which promotes good practice in the field of Family Law and encourages the terms of any separation to be agreed in a non-confrontational manner.
There is one overall ground of divorce and that is the irretrievable breakdown of marriage. This is proved in one of four ways:
If you are considering raising divorce proceedings you should consult your solicitor. There are important legal consequences which follow from a divorce.
If there are no children under the age of 16 and neither party wishes to make any financial claims on the other the divorce proceedings can be raised under the Simplified Divorce Procedure. You can obtain the appropriate application form from your local Sheriff Court. However, it is still recommended to consult a solicitor before making your application.
Paris Steele W.S. has many years experience in dealing with divorce and would be happy to advise and assist you in that connection.
The breakdown of any relationship can be traumatic and stressful. Your solicitor can help and our Edward Danks is a member of the Family Law Association which is committed to the constructive resolution of family law disputes in Scotland.
There will be a number of issues which arise. The main issues are as follows:
(a) The net value of the matrimonial property should be shared fairly between the parties to the marriage;
(b) Fair account should be taken of any economic advantage derived by either party from contributions by the other and of any economic disadvantage suffered by either party in the interests of the other party or of the family;
(c) Any economic burden of caring after divorce for a child of the marriage under the age of sixteen should be shared fairly between the parties;
(d) A party who has been dependent to a substantial degree on the financial support of the other party should be awarded such financial provision as is reasonable to enable him or her to adjust over a period of not more than three years from the date of the Decree of Divorce to the loss of that support on divorce; and
(e) A party who at the time of the divorce seems likely to suffer serious financial hardship as a result of the divorce should be awarded such financial provision as is reasonable to relieve him or her of hardship over a reasonable period.
Most separating couples manage to resolve matters by negotiation. This is normally by an exchange of correspondence between the parties’ solicitors or attendance at family mediation. Where negotiations are successful a Separation Agreement will be completed. If matters cannot be agreed Court proceedings will have to be raised.
Paris Steele W.S. has many years experience in separation work and would be happy to advise and assist you.
When a couple separates careful consideration must be given to the care and upbringing of their children.
The Children (Scotland) Act 1995 created the principles of parental rights and responsibilities. In terms of the 1995 Act parental rights and responsibilities are defined as:
Married couples have automatic parental rights and responsibilities for their children. For unmarried fathers the procedure depends on when the child was born. Where the child was born before 4th May 2006 you can only have your parental rights and responsibilities recognised by completing a prescribed agreement with the child’s mother or by raising successful Court proceedings. Since 4th May 2006 an unmarried father will have automatic parental rights and responsibilities providing he is named on the child’s birth certificate.
Most couples are able to agree where the children should live and arrange for the children to spend time with each parent. Matters are normally agreed by the exchange of correspondence between each party’s solicitor or through family mediation. The arrangements are then embodied into the Separation Agreement.
If the parties cannot agree either party can apply to the Court for a decision on where the child will live and how the absent parent will have contact with the child. In making its decision the Court will primarily consider what is in the best interests of the children. It may seek the opinion of the children if this appropriate.
Parents have an obligation to financially support their children. This obligation will subsist until the child is aged 25 providing the child remains in full-time education. If an absent parent refuses to make a financial contribution to the children's upbringing an application can be made to the Child Support Agency.
Paris Steele W.S. have many years of experience in dealing with the issues affecting children of separating couples and would be happy to advise and assist you.