When a marriage, civil partnership or a relationship where a couple are living together breaks down there will inevitably be consequences of this. Many practical issues will need to be resolved. There will be financial issues to be determined and, if there are children in the family, arrangements will need to be put in place for them. The Blackadders Family Law team will discuss the different options available and consider which legal process is most appropriate in your circumstances.
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.