When parents with children decide to separate, the most important decisions surround what the arrangements for greater rights for children in the future. Many parents are aware that their actions, prior to separation when relationships have been difficult, and during and after the separation process can seriously affect the children’s welfare. In the main, parents make their own decisions about what is to happen to their children. Where will the children stay? Will there be joint residence? Will the parent who has left have contact with the children and for how long? What happens at holidays ..read more

A few years ago, a large insurance company carried out a survey in England in relation to Pensions and Divorce. The company asked a cross-section of wives who had been through a divorce if they had made any claim against their husbands’ Pensions. The results of the survey were surprising because nearly 60% of the women questioned replied that they had made no claim against their husbands’ pension. The reason this is surprising is that pensions, along with the family home are frequently the most valuable assets in any divorce case. It is true that sometimes a client does not fully realise that ..read more

January is generally regarded by the public at large as the most popular month for divorce. Family Lawyer’s will tell you that one of the reasons for this is because parents often hold back from divorce before Christmas, get the festivities out of the way, and then take the plunge. This year the whole picture is more complicated. The Pandemic has changed so many things, not least the patterns of our life. Most couples will have seen far more of their other half over the last 10 months. This may or may not have worked out well. Cynically, in the light of this, you might expect more separations ..read more

In order to ensure a fair division of the matrimonial property, individual items of property have to be identified and valued so that the total extent of the matrimonial assets is established. In the majority of cases all the assets (and liabilities) are well known to both parties. The parties affairs might be straightforward and both parties may have been involved in the finances during the course of the relationship so they know the details of the finances and because of this there are no surprises. It is not however uncommon for one party to control the finances during the marriage. One par ..read more

Once a couple have decided that they want to separate and there is no going back there are three principal issues to consider.  If the couple are married there is; The divorce itself The finances The children and their welfare Often the grounds of divorce are not the most important thing. Most people who separate in Scotland enter into negotiations about the finances and the children and if agreement is reached enter into a Minute of Agreement or Separation Agreement which is the same thing. The difficulty comes in reaching the agreement. If negotiation is not successful then the only o ..read more

If divorcing is stressful for parents, think what it must be like for the children. Very often children know something is not right but they don’t know exactly what. In some cases it is clear to the children that their parents are not happy and are fighting but they don’t know how serious it is. They will also have friends whose parents have separated so they will understand that separation is a possibility but they will not want to think that it might happen to them. Of course while there are cases where problems have been dragging on for ages there are other cases where the separation comes ..read more

When people separate they have to decide on the grounds of divorce. Was it someone’s fault? Is it necessary to apportion blame or perhaps just wait one year (if both parties agree) or two years (if they don’t) before applying for Divorce. Discussions have to be had about what is best for the children even if the plan is to keep things flexible. Children of all ages need an element of certainty. They want to know what is happening and their parents have to decide how best to tell them. Sometimes arrangements have to be formal or they will break down. The children reside with one parent and the ..read more

Lockdown has heaped more pressure on those couples who have been married for many years but, as the years have passed, have drifted apart and are still living together more out of convenience rather than anything else. The earlier years of marriage have focused on bringing up children or involvement in work. Now with the children gone and perhaps retirement looming, the relationship has to be recalibrated. Before lockdown one answer for those who had either fallen out of love or had just had enough of their spouse was, in effect, to live separate lives. This could be achieved by pursuing diffe ..read more