Family Law Considerations for Sportspeople in Scotland
BTO Family Law
by BTO Family Law Team
3w ago
Pitch Perfect Partnerships? If you are involved in sports, you know that success in your sport often comes hand in hand with increased pressures both on and off the pitch. Whether you are scoring goals on the pitch, sinking baskets on the court, or racing to victory on the track, your success can thrust you directly into the public eye, bringing with it a host of both opportunities and challenges. However, with increased fame comes increased scrutiny, and the glare of the public eye can shine just as brightly on your personal life as it does on your athletic achievements. You can’t flip throug ..read more
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Sophie Turner v Joe Jonas – When Everything is Not So Perfectly Fine
BTO Family Law
by BTO Family Law Team
7M ago
Sophie Turner files wrongful retention court proceedings against Joe Jonas, requesting that their children be returned to the UK. You know what they say, a week is a long time in show business. In that short space of time the highly publicised divorce of Sophie Turner and Joe Jonas has gone from “amicable” to not so Perfectly Fine as she has today (Friday, 22 September) filed papers in the UK asserting that their children are being wrongfully retained in New York City and seeking their return to live with her in the UK. Court documents seen by the Press allege that the Jonas Brothers singer, w ..read more
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Arbitration: A Smarter Alternative to Court
BTO Family Law
by BTO Family Law Team
7M ago
On Monday 25 September 2023, the statutory instrument making amendments to the Ordinary Cause Rules 1993 comes into force. This changes the procedure for defended family actions in a wholesale manner, replacing the existing procedure with rules heavily focused on case management. Unfortunately, there are some disputes where matters cannot be resolved through negotiation or where mediation may be deemed unsuitable. In these cases, the usual course of action would be to raise a court action. However, there continues to be high demand in the courts and as a result there is a significant backlog o ..read more
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Marking Valentine’s Day – the family lawyer’s take!
BTO Family Law
by Michael Magpuyo
1y ago
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
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Cohabitation reform – The Scottish Law Commission’s recommendations
BTO Family Law
by Kirsty McGuinness
1y ago
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
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Advantages of a prenuptial agreement
BTO Family Law
by Debbie Reekie
1y ago
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
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What happens to pets when you separate from your partner?
BTO Family Law
by Roisin Kerr
1y ago
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
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If my partner dies, can I use our embryo in surrogacy treatment?
BTO Family Law
by Lesley Gordon
1y ago
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
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How do separated parents do holidays?
BTO Family Law
by Morven Douglas
1y ago
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
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Do I need a letter of consent to take my child abroad?
BTO Family Law
by Kirstine MacRae
2y ago
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
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