Boyds Law Solicitors, Notaries & Estate Agents

 

Matrimonial (Divorce & Family Law)

 

Matrimonial law is a complex and fast moving area of the law. It is therefore not practical to attempt to present on this page a full explanation of all areas of matrimonial law, which may be of interest to you.

The breakdown and end of any relationship can be difficult and upsetting. There will be many issues to resolve. Boyds Law can offer advice and guidance, which will relieve anxiety and doubt. Divorce and Separation will mean making arrangements for your children, sorting out your finances and deciding where you are going to live. Boyds Law will advise on these and other matters which cause concern.

If you are thinking of separating, or have separated from your spouse or civil partner, it is important that you receive legal advice at the earliest date possible. It is preferable that you should take legal advice before leaving the matrimonial home or agreeing to any division of matrimonial property.

As at 2013, the grounds for Divorce available in Scotland are: -

  • Your spouse or civil partner has committed adultery.
  • Your spouse’or civil partners behaviour is unreasonable to the extent that you can no longer be expected to live with him or her.
  • Your spouse or civil partner deserted you more than two years ago.
  • You have lived apart for one year and your spouse (or civil partner) consents to a Divorce being granted on these grounds.
  • You have lived apart for more than two years (consent of your spouse not required).

To avoid substantial legal expenses arising for both parties, Boyds Law always recommend that, where possible, a Separation Agreement be entered into. The parties under the guidance of their respective Solicitors can negotiate the Agreement. The Agreement will cover matters such as the care and control of the children, the level of financial support to be paid to support the children (and, where appropriate, the lower earning spouse), the division of the matrimonial property, the sale of the matrimonial home or the transfer of the Title of the matrimonial home to one spouse.

The definition of matrimonial property is wide. Boyds Law will assess your particular circumstances and shall advise you on which items are matrimonial property and which are not. Matrimonial property can cover a vast range of items from the matrimonial home to a party’s pension fund. A Separation Agreement shall also specify the precise separation date, which is an extremely important date for the purposes of any subsequent Divorce or division of property. Many Separation Agreements will also include a provision whereby the parties undertake to consent to a Divorce being granted on the grounds of the parties having lived apart for more than one year. In due course, this may allow the parties to secure a Divorce without having to appear in Court and without having to pay substantial legal expenses.

At Boyds Law we try to offer a friendly efficient service at what is always a difficult time.

We are willing to operate under the civil legal scheme, where appropriate, although Government cuts have meant that few people now meet the financial limits. We have expertise in high value divorce cases, and accept referrals from other solicitors who prefer not to handle this aspect of their clients’ affairs. See Charges and Legal Aid

We can obtain interdicts, advise on the matrimonial home, pension rights, aliment, Child Support Agency (CSA), custody (residence), access (contact), rights to capital, DNA and paternity testing, matrimonial property, separation agreements and parental rights.