The introduction of the Family Law (Scotland) Act 2006 has seen a substantial change to Family Law in Scotland in particular to the grounds of Divorce.

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

On Divorce, financial claims can be made against the other spouse such as aliment or maintenance and periodical allowance (spousal support paid after Divorce).

Matrimonial property requires to be divided fairly between parties on Divorce. Usually, "fairly" means equally unless there are special circumstances justifying an unequal division.

Many separating couples look to reach an agreement dealing with all or certain matters incidental to their separation without the need of seeking Court Orders. These agreements are known as Separation Agreements or Minutes of Agreements. They can deal with such issues as payment of aliment or maintenance, distribution of assets, sale or transfer of joint property, pension sharing, care arrangements for children etc. Negotiated agreements need not be restricted to straight forward cases. Many Separation Agreements also deal with fairly standard but equally as important terms such as each party's rights on succession.

At Patience & Buchan we have extensive experience in Divorce and Separation involving complex high net worth cases but are as capable providing advice in smaller cases where the issues can be just as complex.