The introduction of the Family Law (Scotland) Act 2006 saw a substantial change to Family Law in Scotland, particularly in relation to the grounds of divorce.

Divorce is now granted where a marriage has broken down based on unreasonable behaviour, adultery, one year of separation with consent and two years of separation without consent.

Most of the divorce actions we undertake are based on the separation period. This is mainly because the Court will not grant divorce in Scotland until all of the financial issues are sorted out, and the Court will only intervene and make orders where people are not able to agree terms for financial settlement.

Broadly speaking, the law provides for two things. Firstly, that matrimonial property is divided fairly and secondly that where a need exists for one spouse to receive maintenance, usually for a period of adjustment, then that need has to be met.

A wife who is unable to work because she has either given up a career to look after children or has not worked at all during the marriage would normally expect to receive maintenance for an appropriate period which can vary from case to case. Dividing matrimonial property can often be much more difficult. Although the law says that, generally, matrimonial property is divided fairly when it is divided equally between parties to a marriage, there can be a wide range of circumstances which point towards a departure from that rule, including looking at the origin of the assets, their nature, whether the needs of children are met by equal sharing and so forth.

Our firm has extensive experience in dealing with all of these complex issues and other legal firms who recognise our expertise ask us to do cases for them. Our approach is cooperative, open, but firm. We firmly believe that the vast majority of cases are capable of settlement by constructive negotiation and a well organised approach, although we will litigate with vigour where the need arises. Our expertise in this field is recognised not only by the specialist accreditations the partners have been awarded by the Law Society of Scotland, but also by the fact that we are ranked highly for our work by the UK's two leading independent publications - the Legal 500 and Chambers Guide to the Legal Profession. Our view on this matter is simple - clients separating or divorcing should always take expert advice and we can confidently say that we will provide that.