Family Law

Mindful of delivering value for money without compromising quality of service, we work collaboratively with our clients to help them find the best possible outcome, reach an early settlement and maintain relationships where possible.

We adopt a holistic approach when dealing with family business assets and work closely with our colleagues in our corporate and employment departments.

Our unsurpassed reputation in handling family law matters includes assistance with:

Divorce 

Deciding to begin divorce proceedings can be one of the most difficult decisions you ever have to make, especially if a child is involved. Often, the most pressing concerns upon separation or divorce are the welfare of any children of the marriage, along with
the division of the family home and finances.

Separation

If your relationship has hit troubled waters but you are not sure yet whether you want to divorce or dissolve a civil partnership then a separation agreement could be a good option for you.

Financial Matters

Financial matters relating to divorce can become complex and there are many misconceptions. For example, the reason for divorce doesn’t usually impact on how a court decides to settle the finances. However, throughout proceedings, you can take as given that, if there are children involved, then any decisions made will be with their welfare and best interests as a priority.

Division of Assets and Debts

The separation of assets and debts can be complex, especially if there is disagreement between the parties. Under Scots Law, assets are divided fairly, which usually means equally unless certain circumstances apply. We are here to help guide you through this calmly and make sure you make the right choices for you. 

Child Contact and Residence

Child residence (sometimes referred to as child custody) and contact (sometimes referred to as access) are often the most contentious issues a separated or divorcing couple must agree on. In most circumstances, it is far better for the parents to reach an agreement out of the courts, rather than pursuing a lengthy legal battle that results in the court making decisions about the family’s future. 

Adoption

Are you a step-parent who wishes to legalise the relationship with your partner’s child? Have you been working with an adoption agency and now been matched with a child for adoption? Are you looking to adopt a child from abroad? Whatever your situation, we are here to help you realise your dream of growing your family.

Surrogacy

Surrogacy is when a woman carries and gives birth to a baby for someone who cannot have a child on their own. It is a notoriously complex area in terms of legalities. If you are considering surrogacy it is extremely important to get legal advice throughout.

Relocation Abroad 

If a parent wants to move to another country or go on holiday with their children, whether within the UK or beyond, they must either get consent from the other parent (and any other person with parental rights or responsibilities) or obtain permission from the court via a specific issue order.

Prenuptial Agreements 

Although nobody enters a marriage intending to get divorced later, it is fair to say that we live in a world where separation is common. So, it is understandable that many couples prefer to prepare for the possibility of a relationship breakdown and want to provide for certainty if a future separation occurs. A prenuptial agreement (often called a pre-nup) can help with this. No longer considered to be just for celebrities, prenuptials are fast becoming a normal part of preparing for marriage.

Cohabitation Agreements

Contrary to popular belief, common law marriage does not exist in Scotland (although couples that move in together and don’t legally formalise their relationship through marriage or civil partnership are granted some rights if the relationship breaks down or one partner dies).

Civil Partnerships

Civil partnerships create a legal relationship between same-sex couples, similar to that of marriage and offering much of the same rights in terms of the law.

Mediation

Mediation offers a lifeline to many families in the midst of separation and conflict. When relationships break down and you need to sort personal matters such as child custody, property or finances, matters can often turn confrontational very quickly.

Collaboration 

If your relationship is breaking down, collaboration can help you have open and constructive discussions with the other party involved. This helps you avoid any messy court battles over children, finances and property.

 

  • "MacRoberts' family team is dedicated and determined. The lawyers always provide pragmatic advice that is delivered sensitively and with careful thought to the wider implications, particularly when children are involved."

    Chambers UK Guide to the Legal Profession
  • "Praised for their 'quick, high-quality service' and 'personal touch'."

    Chambers UK Guide to the Legal Profession
  • "I will forever be grateful for your positive attitude and support which was invaluable in keeping me afloat."

    Client
  • "Clear, calm and practical approach which is, at the same time, personal and caring."

    Client
  • "Whilst this is a very emotional and stressful time of my life, your manner and confidence left me feeling much better about being able to see a way forward."

    Client
  • "Just wanted to say thank you again for all your help and support. It has been a really stressful time and your help to get everything resolved is really appreciated."

    Client
  • "I am so very grateful that you accepted me as your client. I trust your judgement implicitly and I give thanks for the strength I gain from you."

    Client
  • "Thank you for your advice and guidance. The preparation work that you did to get to here has been astounding."

    Client

Individuals & Family

Advising individuals has always been at the heart of our business.

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