If you’ve been searching for a family lawyer in and around Lanarkshire, look no further, Lanarkshire Law Practice is a leading name in matters concerning divorce, cohabitation, civil partnerships and separation in Lanarkshire. Our dedicated family lawyers are vastly experienced and greatly respected. You can rest assured knowing that we will work to secure the best outcome for you.
When a married couple in Scotland separate, the law governing the financial issues arising out of their separation is the Family Law (Scotland) Act 1985. This Act provides that each party should obtain a fair share of the net value of the matrimonial property which they had at the date they separated. “Matrimonial property” is all property acquired by the parties in their sole or joint names from the marriage to the date of separation. “Matrimonial debts” similarly are all debts incurred by the parties whether in their sole or joint names in the same period. The “net value” is calculated by obtaining the values for all of the assets and the balances on all of the debts and subtracting the debts from the asset values. A “fair share” means an equal share unless there are special circumstances which would justify something other than a 50/50 split. The most efficient and expedient way in which to resolve the financial issues arising out of separation it to attempt to negotiate the terms of a Separation Agreement using these legal principles. Here at Lanarkshire Law, we have considerable experience in negotiating the terms of Separation Agreements on behalf of clients with diverse financial circumstances. We offer practical advice and guidance in each step of the process.
Parties to a civil partnership who separate have identical rights on separation as those parties to a marriage.
Divorce/Dissolution of Civil Partnership
A marriage or civil partnership can be dissolved on the ground that there has been an irretrievable breakdown in the relationship; this can be established in one of four ways; adultery, unreasonable behaviour, two years separation and one years separation with consent of the other party. There is a simplified procedure where there are no children under 16 years of age and no outstanding financial issues. Financial issues need to be resolved before divorce or dissolution of a civil partnership otherwise claims against the other party’s assets are lost. Where there are children under 16 years the Court needs to be satisfied that appropriate arrangements have been made for their care upon divorce/dissolution of the civil partnership. In these situations, a formal Court action seeking divorce or dissolution of the civil partnership needs to be raised.
In 2006, parties who chose to live together and not marry, were given some legal rights in relation to the estate of the other in the event of their death or in the event of their separation. If a cohabiting couple separate, then a claim for financial provision can be made on the basis that the party against whom the claim is made has obtained an economic advantage from the contributions made by the other party or that that party has suffered an economic disadvantage in the interest of the other party or a relevant child. Claims for financial provision need to be made within one year of the date of separation. If a cohabitant dies without having made a will, their surviving partner can make a claim for the payment of a capital sum or for the transfer of property from the deceased’s estate. Such a claim has to be made within 6 months of the date of death.
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