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Divorce lawyers are pivotal in navigating the complexities of separation and the divorce process, ensuring that matters such as financial settlements, child custody, and prenuptial agreements are handled with utmost professionalism.
Their role extends beyond negotiation, offering objective advice on divorce law and representing clients through the entire proceedings, including no fault divorce and cohabitation agreements, tailored to the specific nuances of divorce in Scotland.
At McLennan Adam Davis Solicitors, our team of skilled divorce solicitors and family lawyers provide comprehensive support, from understanding the legal grounds for divorce to the intricacies of child arrangements and post-divorce matters. We're committed to maximising your interests and guiding you through the divorce or dissolution process with the expertise and empathy you deserve.
Navigating the complexities of divorce proceedings requires a thorough understanding of the various stages involved. At McLennan Adam Davis Solicitors, we guide our clients through each step, ensuring clarity and support throughout the process.
There are two types of processes available for filing for divorce under Scots law. These are frequently referred to as the ‘simplified’ procedure or the ‘ordinary’ procedure. These petitions can be brought before the Court of Session or the Sherriff Court, however, depending on where the claim has been raised, different measures must be considered, appropriate paperwork must be completed, and costs must be paid.
You can only use this process if you can affirm all the following statements:
- I am applying for divorce/dissolution due to the irretrievable breakdown of my marriage/partnership based on wither one year of separation with consent, two years of separation without consent, or the issuance of an interim gender recognition certificate.
- There are no children from the marriage/partnership under the age of 16.
- There are no financial matters to resolve.
- Neither I nor my spouse/civil partner is unable to manage affairs due to mental illness, personality disorder, or learning disability.
- There are no ongoing court proceedings that could result in the end of the marriage/civil partnership.
If you have answered no to any of these statements, you cannot use the ‘simplified’ procedure. This is when we as divorce lawyers at McLennan Adam Davis Solicitors, can help assist you with the ‘ordinary’ procedure.
This process follows three main stages:
The main difference between this type of procedure and the ‘simplified’ procedure is that the ‘simplified’ divorce does not allow for any children under the age of 16, whereas the ‘ordinary’ divorce procedure permits proceedings even if there are children under the age of 16.
To qualify for an ‘ordinary’ divorce, you must have been separated from your spouse for over a year, and your spouse must sign a consent form agreeing to the divorce. If you have been separated for more than two years, no consent is needed.
For this type of divorce, all financial matters should already be settled between you and your spouse.
You will need a witness to confirm the length of your separation and, if you have children, to verify their well-being. Additionally, you must have previously lived with your spouse in Scotland and have been residing at your current address for at least six weeks.
Although this procedure is rather more complex than the ‘simplified’ process, it is not obliged on you to attend court.
We understand and empathise that divorce is just one of many important matters in your life. We promise to provide excellent assistance and guidance on the best arrangements for your children and guidance in relation to handling your financial affairs. The costs involved depend on the circumstances of the situation, therefore, we encourage you to contact our divorce solicitors.
In English law, divorce involves two stages: the decree nisi and the decree absolute. However, in Scotland, the court grants a single, final decree of divorce. Typically, financial, and other separation-related matters in Scotland are resolved through a written agreement, avoiding the need for court intervention. Once this agreement is signed, you can apply for divorce without addressing all the other separation issues in court. It's crucial that separation agreements are fair and reasonable at the time of signing, so it is crucial to seek advice from an experienced family law solicitor, even if you do not go to court.
Our solicitors play a crucial role in managing the proceedings, from choosing the appropriate grounds for divorce to negotiating financial settlements and child custody arrangements. We ensure that all assets and liabilities are disclosed and help in strategising the best outcomes for our clients.
By understanding and preparing for each phase of the divorce process, individuals can approach this challenging time with greater confidence and support. At McLennan Adam Davis Solicitors, we are committed to providing our clients with the knowledgeable guidance and professional advocacy they need during divorce proceedings.
At McLennan Adam Davis Solicitors, we understand the intricacies of navigating financial settlements during a divorce. Ensuring a fair and reasonable settlement requires meticulous attention to detail and a deep understanding of both parties' financial landscapes. Here's how we assist our clients through this complex process:
By leveraging methods like Alternative Dispute Resolution (ADR), including mediation and collaborative approaches, we aim to reach amicable settlements efficiently. Our initial consultation helps outline the potential outcomes and the best strategies tailored to the specific circumstances of your case.
At McLennan Adam Davis Solicitors, we are dedicated to achieving fair financial resolutions that enable our clients to move forward with confidence and security.
In Scotland, the term ‘custody’ is no longer used, and has now been replaced with the correct term ‘residence.’ Child residence orders determine where the child usually resides. Many parents can easily agree on which parent the child or children should reside with. However, for some, this can be a complex issue requiring legal advice and guidance to discover the best resolution.
While court action is an option, it is generally seen as a last expedient. Other methods, such as negotiation or mediation, are typically explored first.
These orders consider the child’s physical, emotional, and educational needs to ensure their well-being. Child residence orders can be classified into two main types: sole residence, where one parent takes primary care and control, and joint residence, where both parents share responsibilities equally.
The process of determining residence involves evaluating various factors such as the child’s welfare, their own wishes and feelings, and each parent's ability to meet these needs appropriately. Courts also consider any history of abuse, neglect, or violence when making a decision.
If parents cannot agree on residence, the dispute may be resolved in family court, where the judge focuses solely on the child's best interests.
Welfare Checklist: The court uses this tool to assess what arrangement serves the child's best interests through the ethos of the Children (Scotland) Act 1995.
CAFCASS Evaluation: Involves background checks and interviews to inform the court’s decision.
Living Arrangements and Contact: Decisions include with whom the child will live and the frequency of contact with the non-residential parent.
Parents are encouraged to attempt mediation before proceeding to court to find a mutually agreeable solution. If unresolved, they may apply for a Child Arrangements Order. During this emotional time, maintaining positive communication with the other parent benefits the child’s overall well-being. Additionally, seeking support or counselling can aid parents in managing the stress associated with custody disputes.
At McLennan Adam Davis Solicitors, we guide our clients through these challenging processes, ensuring that the child's interests are prioritised in every decision.
At McLennan Adam Davis Solicitors, we are dedicated to providing comprehensive legal support throughout your divorce process. Our team of experienced family lawyers ensure that you receive personalised and compassionate advice tailored to your unique situation. Contact our solicitors today through our online contact form.
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