The law in this area is becoming more and more complex and many issues need to be considered when a relationship breaks down such as:-
- heritable property
- financial provision
- provision for children (including Child Contact and Residence Orders)
- financial assets
- family businesses
- succession issues
We endeavour to resolve family disputes without resorting to litigation.
Entering into negotiations with solicitors acting for the other party and reaching agreement on the terms of a Separation Agreement is often less stressful for the client and the family as a whole. The Separation Agreement can amongst other things cover all financial affairs together with residency and contact (formerly known as custody and access) of children. This can also be considerably cheaper than running a contested divorce action in the courts.
Where the parties can reach agreement and enter into a joint Separation Agreement, then a Decree of Divorce can be granted 1 year after the date of separation provided the parties consent. Exactly the same principals apply to the breakdown of a civil partnership.
At times it will, however, become necessary to resort to court action where a satisfactory agreement cannot be reached. We are able to raise actions both in the Sheriff Courts and Court of Session.
For further information and support please contact our solicitors specialising in family matters:-
Charles Jackson and Jwad Hanif