In Scotland the basis for divorce is that your marriage has irretrievably broken down and there is no prospect of reconciliation. This can be established on the basis that either you have been separated from your spouse for a period of two years, one year and your spouse consents, the unreasonable behaviour of your spouse or adultery by your spouse.

In order to obtain a divorce in Scotland you are required to make an application to the court. The procedure will be dependent upon your own particular circumstances including whether or not you have any children under the age of 16 years. We are on hand to provide advice in regard to the correct procedure and to provide information on the procedure and the costs involved as matters progress.

The Family Law (Scotland) Act 2006 brought in provision for cohabitants to make a claim where their cohabitation ends either by way of separation or the death of one cohabitant. There are strict time limits in regard to making a claim whereby in the event of a death of a cohabitant, the claim must be made within six months of the death and in the event of separation the claim must be made within 12 months of the date of separation. The time limit relates to the claim being raised at court and served on the other party and therefore it is very important to seek legal advice as soon as possible after the cohabitation ends.

The law in regard to rights for cohabitation is very different from the law in regard to rights for spouses upon separation or divorce. Ms Anderson has a wealth of experience in regard to providing advice and representation for cohabitants both in terms of resolving matters by way of a formal cohabitation agreement or in terms of progressing matters through the courts.

It is also advisable to consider a Cohabitation Agreement where you are moving in with your new partner. This is particularly prudent where you are purchasing a property in joint names and wish to consider protecting for example a deposit or advice in regard to preventing a claim by either cohabitant at the end of the cohabitation to avoid complex legal proceedings. Ms Anderson is happy to discuss the various issues with you on the basis of a free initial consultation, and it may be that you do not require to enter into a Cohabitation Agreement, but we are happy to provide an assurance and quality advice as to the application of the law in order that you can make an informed decision.

It is often the case that people now get married when they already have a family and already have assets. They may be entering into a second marriage and wish to give consideration to how to protect assets acquired before the marriage and also to protect potential inheritance for their children. Ms Anderson can provide full advice as to the potential terms of a Pre-Nuptial Agreement and how this can assist. Matters are dealt with on a sensitive basis with a view to an agreed resolution to allow the client to make an informed choice. There is also scope for a Post-Nuptial Agreement to be entered into which is often used in the situation where for example one spouse enters into a business arrangement such as a limited company or partnership and wishes to protect the other partners or business owners from a potential claim on the basis asset in the event of divorce. A Post-Nuptial Agreement can also be entered into for the same purpose of a Pre-Nuptial Agreement but after the parties are married.