Described as “a global day celebrating the social, economic, cultural, and political achievements of women”, International Women’s Day is a fantastic opportunity for women across the world to pause and reflect on how far we have come, and how far we still have to go, in achieving gender equality. As a Family lawyer, it is a particularly good time to consider how much the law has changed, particularly in relation to the perception of married women and their role within our society. Whilst outdated views do still exist and are held by some, the numbers of those believing that women’s roles are r ..read more

For many couples Valentine’s Day is a day for reflecting on, and celebrating, their relationship. Many couples will also change their relationship status – that could be by moving in together or becoming engaged. These momentous occasions are very exciting but also have legal consequences that couples should be aware of. Moving in together In Scotland, couples who are living together as if they are husband and wife or as if they are civil partners are known as cohabitants. Depending on the circumstances of the relationship, a couple who hastily move in together – perhaps after the romance of V ..read more

Yesterday, the Scottish Law Commission (“the SLC”) published its eagerly awaited (in legal circles anyway!) Report on Cohabitation.  As anticipated, the report recommends fairly significant reforms to the law relating to cohabitants’ claims on separation.  Here, some of those recommendations are highlighted. Change to the definition of cohabitant The current in law in this area is contained within the Family Law (Scotland) Act 2006 (“the 2006 Act”). In terms of existing legislation, a cohabitant is a member of a couple living together as if they were spouses. In determining whether a ..read more

It is fair to say that we are living through a time of uncertainty. The pound has fallen against the dollar following the resignation of Prime Minister Liz Truss. Alongside a cost of living crisis and the sharp rise of inflation, the economic landscape of the UK is rather bleak. On a happier note, coronavirus restrictions have been lifted for some time and the limitations on guest attendance at weddings has been removed. Engaged couples can now proceed to plan their weddings for their families and guests to attend. Wedding planning is usually approached with meticulous detail, but perhaps thou ..read more

Should your relationship with your pet be Cur-tail-ed by separation? Our pets are important to us and they are often regarded as another member of the family. A question we are hearing more from many separating couples is: What happens to our pets when we split up? Although it may not be an issue at the top of everyone’s lists when considering separation, the issue of who gets to keep the family pet can be the most contentious issue. Who owns the family pet? In terms of how the law approaches ownership of a family pet, as a general rule, the pet is deemed to belong to the registered owner of ..read more

It’s What She Would Have Wanted! A landmark High Court judgment, Jennings v Human Fertilisation and Embryology Authority 2022 EWHC 1619 Fam, ruled that a husband could lawfully use the embryo created using his sperm and the eggs of his late wife in treatment with a surrogate without the written consent of his late wife. Mr Jennings and his late wife, Ms Choya, were undertaking fertility treatment to fulfil their wish to have children. The couple had been married since 2009 and had wanted children, but struggled to conceive naturally. They underwent a series of unsuccessful IVF treatments from ..read more

School’s out for summer Holidays are here again…The start of the summer holidays marks great excitement for many children across Scotland this week. However, some of their parents may not feel the same way. Holiday time can be very stressful for parents and carers who can be juggling work and/or other commitments with providing care for their children. It can be particularly difficult for parents who are separated. When organising holidays these parents may be trying to accommodate not only their own schedules, those of their children and their former partners, but potentially also those of an ..read more

Summer 2022 is expected to be a boom season for families travelling abroad after the pandemic and restrictions put paid to many holiday plans for two years running. Have you “packed” the permission to travel with your child? As the world reopens ready to receive visitors, it is worth checking whether you have packed all of the holiday essentials.  If parents of a child are separated, and one parent intends to travel outwith the United Kingdom with that child, then it is essential to get the permission of the other parent for the child to be removed for the purpose of the holiday. This blo ..read more

Although the concept of cryptocurrency may seem daunting and perhaps overly risky to some, there is no denying that interest in the cryptocurrency world is on the rise. With the increase in popularity of cryptocurrency in recent years, it has become a consideration for separating couples and a hot topic amongst Family Lawyers. What is cryptocurrency? Cryptocurrency is its own distinct asset class. It is a virtual or digital currency that can be used as money in exchange for goods and services or retained as a form of investment. A cryptocurrency “coin” or “token” has no physical form. The coin ..read more

When a married couple (or those in a civil partnership) separate one of the first things that a family lawyer will try to ascertain is the “relevant date”. So, what is the relevant date and why is it so important? The law[1] provides that the relevant date is whichever is the earliest: the date that the parties ceased to cohabit or the date of service of the summons in an action for divorce, or for the dissolution of the civil partnership. It is highly unusual for a couple to continue to live together as husband and wife after the service of a summons for divorce and so, most usually, we mus ..read more