We pride ourselves in our focus on family law and providing a wrap around service to help families from the cradle to the grave and all the bits in between.
We prepare and revise prenuptial agreements. These agreements are enforceable in Scots Law provided certain conditions are met.
These contracts clarify the ownership of pre-marital assets, which can include business assets to ensure they remain separate from the matrimonial pot on separation and divorce.
These are particularly beneficial when there are children from previous relationships. A clear and well framed agreement can save conflict and stress and also expense on separation.
Who a child lives with after separation and the contact they have with the non-resident parent is a topic which often attracts the most tension and upset. We provide simple and clear guidance on contact arrangements with the interest of the child at the forefront.
We can obtain emergency orders if a child has been retained by another parent known as delivery. We also regularly obtain protective orders to regulate the care of children.
A Power of Attorney (POA) is a legal document that lets you appoint a trusted person to make decisions on your behalf. Without one friends or family members will lack the legal authority to make decisions when a loved one looses capacity.
Powers of Attorney can deal with money, property, health and personal care. They comes in two forms which can be combined:-
i. A Welfare Power of Attorney which covers health and personal care. This includes medical treatment. This power only comes into effect when you loose capacity.
ii. A Financial Power of Attorney which covers property and finances. This can be immediate and be used while someone has capacity. It is helpful if someone has lost mobility but still has capacity.
We can do house visits at no extra charge. We also offer discounts for certain individuals suffering from MND or Cancer.
When there is no Power of Attorney and someone loses capacity there needs to be an application to court for orders to regulate control of their care and wellbeing. This is known as Guardianship and is regulated by the Adults with Incapacity (Scotland) Act 2000
We prepare the application for court and arrange the lodging of the application to coincide with the reports which are required.
We know how difficult the process is and provide clear guidance and support throughout the process.
Divorces in Scotland are granted where there is an irretrievable breakdown in the marriage. This can be demonstrated by adultery or by time apart.
Where you are seeking to rely on time apart you must be separated for one year with the consent of your spouse or civil partner. Once you have been separated for two years you do not need consent.
You cannot apply for a simplified divorce where there are financial elements to be determined or where there are children under the age of 16.
We can assist with all aspects of divorce. We do not provide legal aid for financial provision cases.
Separation agreements are valuable. They allow matters to be effectively tied up prior to a divorce.
Separation agreements can cover everything from occupancy rights and transfer of titles to property to pensions and child care.
It is important that you obtain advice on these agreements, once signed they can be difficult to overturn.
We are able to offer some fixed fees for these matters.
We are happy to help and can be contacted by phone and email.