Divorce and Separation
No two families are the same so when a relationship breaks down we are able to focus on you, to help you to work through the areas in dispute and to find a solution to help you move on to the next chapter of your life.
Dividing matrimonial property can often be complex. Generally, matrimonial property is divided fairly when it is divided equally between the parties to a marriage, however, there can be circumstances which justify a departure from equal sharing. Disputes arise about when separation occurred or what is or is not matrimonial property. Our firm has extensive experience in dealing with all of these complex issues. Many other firms who recognise our expertise refer cases to us.
We offer advice on financial support (aliment or maintenance) and occupancy rights in relation to property, following the breakdown of a relationship.
Our approach is co-operative, open, but firm. Most cases are capable of settlement by constructive negotiation resulting in a minute of agreement. Sometimes litigation is unavoidable but our lawyers have extensive court experience in family law.
Divorce is only granted where the irretrievable breakdown of marriage is established by one of four grounds: unreasonable behaviour, adultery by your spouse, one year separation with consent and two years’ separation without consent.
The Court in Scotland will not grant divorce until all of the financial matters are resolved. The Court will only intervene and make orders before, on or after divorce where clients cannot agree the terms for a financial settlement.
There are often a range of options on how best to proceed using alternative dispute resolution such as, Collaborative Family Law, mediation, or more traditional negotiation and, if necessary, Court.
We recognise that the breakdown of a relationship is very stressful for those involved – here is a guide to help you remember the basics at this difficult time.