In cases involving a married couple or civil partners the law on
financial provision when the relationship ends is very detailed.
The law tries to achieve fairness and there are a number of
principles that must be applied to reach a fair result. We will
guide you through the legal framework and will provide
comprehensive advice about how best to approach your case. The
solicitors in our family law team have a great deal of experience
advising on financial aspects of separation. Our aim is to make
sure you understand your options fully before making important
decisions that will impact on the long term financial security for
both you and your family.
Couples will be encouraged to reach a negotiated settlement of
the financial issues in their case. A negotiated settlement
involves the parties exchanging information and, with the help of
their solicitors, reaching a solution that best suits their
individual circumstances. If the negotiation is successful then a
formal Separation Agreement can be drawn up between the couple's
solicitors.
Where a couple cannot reach agreement, either between themselves
or with the help of a solicitor, they can ask a court to make a
decision. This is, in most cases, the most expensive way to resolve
a dispute but for some couples will be the only viable option.
Blackadders provide representation for clients in both the Sheriff
Court and Court of Session. Generally complex or unusual cases go
to the Court of Session in Edinburgh and most cases are raised at
the local Sheriff Court. In cases where there is a history of
violence or dishonesty or there is simply no way forward using any
of the other dispute resolution options, court action can be
advantageous.
Contact
Craig Samson,
Partner - Tel: 01382 229 222
Jennifer
Gallagher, Partner - Tel: 01382 229 222
John
Mitchell, Partner - Tel: 01382 229 222