It is an unfortunate fact of life that not all marriages are successful. When a relationship breaks down a number of important decisions need to be made and it is best to obtain advice at an early stage. Financial issues, the welfare of the children, and in some cases, the protection of one spouse from violence by the other will require urgent attention. Day to day matters need to be decided, for example, who is to remain in the matrimonial home, where children are to live and arrangements need to be made for the continuing maintenance of the children and sometimes for one of the spouses. Division of the parties’ capital assets need to be determined including major assets such as the matrimonial home and the division of pension rights.
Many clients wishing to take proceedings in matrimonial or child cases will be eligible for Legal Aid and assistance can be given by us in completing the necessary forms of application.
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We can provide advice on all aspects arising from the breakdown of a marriage or other relationship including advice on the following matters:
- Separation Agreements
- Divorce Actions (contested or not)
- Aliment
- Division and sale or transfer of property
- Pension splitting
- Parental rights orders and agreements
- Contact with children
- Interdicts
- Dissolution of Civil Partnership
- Rights of co-habitees under Family Law (Scotland) Act 2006
The rights of children are particularly important and can be considered as follows:
Bill of Rights for Children of Divorce
- The right to be treated as important human beings, with unique feelings, ideas, desires and not as a source of argument between parents.
- The right to a continuing relationship with both parents and the freedom to receive love from and express love for both.
- The right to express love and affection for each parent without having to stifle that love because of fear and disapproval by the other parent.
- The right to know that their parents’ decision to divorce is not their responsibility; and to know how the parents will share time with the child, and where the child will live.
- The right to continuing care and guidance from both parents.
- The right to obtain honest answers to questions about the changing family relationships.
- The right to know and appreciate what is good in each parent without one parent degrading the other.
- The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other.
- The right to have the custodial parent not under mine the child’s access to the other parent, by suggesting tempting alternatives or by threatening to withhold access as a punishment for the child’s wrongdoing.
- The right to be able to experience regular and consistent access and the right to know the reason for a cancelled commitment.