Divorce & Separation Lawyers You Can Relate To
At Glasgow Family Law, we realise that the prospect of divorce can be upsetting and daunting. It is therefore important to establish your options and obtain proper legal advice as early as possible.
Our team of experienced family solicitors have decades of experience in Family Law. They are able to advise you of your rights and obligations in relation to financial provision, division of property and pension rights as well as issues in relation to children.
In terms of the Family Law (Scotland) Act 1985, matrimonial property requires to be divided fairly. In Scotland, this often means equally, but there are a variety of reasons and special circumstances which can apply to justify an unequal division of matrimonial property.
Matrimonial property is, generally, any asset which is acquired in joint names or one of the parties’ sole names between the date of marriage and date of separation. It also includes the matrimonial home, even if that was purchased prior to the date of marriage in the sole name of one person, if it was purchased with the intention of being used as a family home.
Non-matrimonial property includes assets acquired before the date of marriage (other than a house purchased with the intention of using it as a family home) and assets acquired after the date of separation. Inheritances and gifts from third parties are also excluded from the definition of matrimonial property. However, non-matrimonial property can be converted into matrimonial property during the marriage. In such circumstances, there can be complex special circumstances arguments upon which proper advice should be sought.
These are properly called Simplified Divorces. A divorce can only proceed in this manner when there are no children under 16 years of age and no outstanding financial issues. The parties must also have been separated for at least 1 year. Simplified Divorces can be dealt with more quickly than Ordinary Divorces and tend to be less expensive.
You can speak to us in confidence by way of an initial consultation without having to commit to instructing us thereafter. We are conscious of the fact that, upon separation, people are concerned about cost.
Accordingly, you are able to arrange an appointment with us on 0141 375 1222, by booking online by clicking here with an initial consultation cost of £199, inclusive of VAT.
Appointments can take place in person or online depending upon your preference. Following the initial consultation, if you choose to instruct us to act further, you will be provided with regular notes of costs in order that you are able to manage these. Your case will be assigned to the most appropriate solicitor to deal with the matter depending upon urgency and complexity.
Child Residence & Contact
We realise that the issues of Residence (formerly called custody) and Contact (formerly called access) in respect of the children are often the paramount consideration. It is important that decisions are made for the children which accord with their best interests. In Scotland, children, other than very young children, generally now have the right to express their view in relation to Residence and Contact arrangements. Depending upon their age and maturity, their view will not always be followed but must be taken into account by a court.
You need a lawyer who is on your side who will discuss your circumstances with you and help you plan the way forward.
Contact us & speak to an expert divorce solicitor today.
When people hear the word divorce it is natural to think about courts and judges making decisions. Actually, in most cases, that’s not the way it works. You will speak to your lawyer about the arrangements for the children and how to divide the assets and there will follow a period of negotiation with both sides trying to reach an agreement without the necessity of the courts being involved.
That negotiation can be by email or letter or it might be appropriate to have a joint meeting and discuss matters face-to-face. You may use the Collaborative process where both people involved agree to work together to sort matters out with the help of the solicitors. In this type of negotiation, there is an agreement not to go to court.
Alternatively, there could be a referral to a family mediator who will act impartially and try and help you resolve matters. The end product of this negotiation is to enter into a binding written contract (a separation agreement) which will set out the exact terms of what has been agreed. After that has been done, if you are married, in due course you can ask the court to grant a divorce.
Even though divorce might not be the immediate goal it is useful to know the grounds on which a divorce can be granted. When a marriage has broken down irretrievably a person can apply for a divorce on one of the following grounds:
The parties have been separated for a period of one year and
they both consent to a divorce.
The parties have been separated for a period of two years. In this type of divorce, consent of the other party is not required.
On the basis of one of the parties unreasonable behaviour.
On the basis of one of the parties adultery.
Unlike, in some other countries, the focus is on sorting matters out, entering into a separation agreement and then proceeding to divorce.
Although that is the process in the vast majority of cases, there are situations where the court action will come first. There may be a situation where there has been violence and a court order is required to protect parties. In other cases, one person might think that the other is trying to hide or dispose of assets and again, in that situation, negotiation would be ineffective and a court action preventing the assets from disappearing might be necessary.
It all depends on your personal circumstances. You should contact us to arrange an appointment and discuss what matters to you.
Our experience of dealing with similar situations coupled with what you have told us about your specific case will allow us to advise you on what the best way forward should be to achieve a positive outcome that is in the best interests of yourself and your family.