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. Matters can often become heated, particularly if the relationship ended acrimoniously. Our team of divorce solicitors are highly regarded for their specialist expertise and extensive experience as they deal with the various issues surrounding divorce on a daily basis. We look at all available options to achieve resolution; we are not just limited to the courts and litigation. Through negotiation, mediation and collaboration we can offer you a calmer, less confrontational approach.
This means that we can seek to reach resolution through discussion and mutual agreement so that only the final divorce or dissolution proceedings need to be raised through the courts. This saves you time, money and distress. If, however, your situation is best resolved through the courts, our team comprises highly skilled litigators who will ensure the best outcome possible for you.
We can advise on:
- The process for divorce best suited to your particular circumstances
- Division of assets including property, pensions, business assets and investments
- Child residence and contact including any child maintenance you may be due or entitled to
- Ongoing financial support
- Separation Agreements
We understand the distress and uncertainty that comes with separation and divorce. We are committed to guiding you through this process with dignity to achieve the best possible outcome for you and your family.
Unfortunately we do not provide legal aid assistance.
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.
When going through a divorce or separation it is important that both partners understand their financial situation and try to stay as dispassionate and thorough as possible. This is where we can help you as, in addition to solicitor assisted negotiations, our legal team has years of expertise in collaboration and mediation, which encourage open, honest and constructive conversations.
We can advise you on:
- What assets you are entitled to?
- How assets such as life insurance, pensions, property, savings, cars and personal belongings are divided up?
- What to do if you discover that your partner has not disclosed assets?
- What will happen to any debt either of you have, such as credit cards, overdrafts, loans or tax?
- Who is allowed to keep the family pet?
- What will happen to any business interests?
- How any property you owned before marriage or civil partnership will be taken into account?
- What will happen to any inheritance you have received?
If you cannot agree on the division of assets and debts, the court will be asked to decide. We can guide you on what to do if orders for payment of capital sums or property transfer orders are required.
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.
We can help alleviate the stress of separation or divorce by answering common questions such as:
- What maintenance payments should I receive or contribute?
- What effect will it have on the settlement if I move out of the family home before the divorce is finalised?
- My spouse is the sole owner of the family home, how will this impact me?
- My spouse is the sole earner, how will this impact me during separation and the following divorce?
- How will the family business be impacted?
We can advise on any suggested proposals for settlement and the best way of structuring an agreement to give it binding legal effect. Perhaps there are things that you haven’t yet considered, such as pension provision, inherited wealth or the protection of assets from future relationships? We understand the distress and uncertainty that comes with separation and divorce. We are committed to guiding you through this process to achieve the best possible outcome.
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