Experienced family lawyers you can rely on
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. 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 year 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.
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. 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
Secure the best interests of your child
Child Law in Scotland can cover a wide range of issues including Adoption, Residence and Contact, Childrens Panels and Education issues. Our solicitors at Lanarkshire Law Practice are vastly experienced in all of these areas and in addition to sound legal advice we will offer practical advice and support to you.
The Law governing issues in relation to the care of children is the Children (Scotland) Act 1995. This law gives parental rights and responsibilities to all mothers, married fathers and some unmarried fathers provided their child was born after March 2006 and their name has been entered on the child’s birth certificate. The law takes the view that it is better for children if their parents can make joint decisions in relation to their welfare. However, if disputes arise and cannot be resolved by the parents then the Courts will intervene and Orders will be made.
Children's Panels and Adoption
Unfortunately, sometimes parents for a variety of reasons; be it social issues or the child’s behaviour, struggle to care properly for their children. In these cases, the State will intervene to ensure that these children are properly cared for. We have considerable experience in the conduct of children's hearings.
Comprehensive conveyancing services in Lanarkshire
Conveyancing is the transfer of legal title of property between two or more parties. Lanarkshire Law Practice offers you professional conveyancing services. So if you require help in buying/selling or letting/renting a property or in relation to a mortgage, don’t hesitate to contact us.
We recognise that for most people the buying and selling of their home is one of the most important legal transactions they will enter into and it can be a stressful time too. We aim to assist you in managing this. We have the expertise to guide you through your sale and/or purchase from receiving and/or submitting an offer to the date of entry, efficiently and smoothly.
Whether you are a first time buyer or are moving after a number of years we understand that you may have questions in respect of the process. We will take the time to go through this with you and answer any queries you may have.
Our services include sale and purchase (including from the local authority), re-mortgages, family transfers, discharge of your mortgage and residential leases.
If you are thinking of renting out your home and are looking for advice and guidance on the process get in touch. We are able to advise you on your obligations as a landlord and preparing the lease and accompanying notices.
Make sure your legacy remains in the right hands
In Scotland you do not need to make a Will, however, it is advisable to do so as preparing a Will ensures that upon your death your money and property passes to those that you wish to have it. Lanarkshire Law Practice offers you the expertise and legal knowledge of experienced solicitors in this area of the law. We will advise you about the legal implications of any bequests you wish to make in your Will and the procedure that would be followed by your Executor in ingathering your money and property and distributing it to your beneficiaries. Having a Will makes the process of winding up your Estate simpler and quicker for your loved ones.
If someone dies and has made a Will they are said to have died ‘testate’. If they die without having left a Will they are said to be, ‘intestate’. The law governing the distribution of the deceased person's estate and the rights of various parties to inherit it is different in these two situations. In a testate situation, the deceased person will have named an Executor in their Will. In an intestate situation, a family member will need to petition the Court to be appointed as Executor. The Executor is the person who has the legal right to ingather the deceased person's money and property and who has the responsibility to distribute it in accordance with the Will or in terms of the laws of succession.
We provide advice on the procedure to be adopted in each case; advice about your responsibilities and rights as Executor and about the distribution of the deceased’s estate to ensure that your role as Executor is carried out by you in a competent, proper and efficient manner.
At Lanarkshire Law Practice we understand that winding up a loved one’s Estate can often be an emotional and daunting experience. We will provide guidance and support to you throughout the process ensuring that the winding up of your loved one's estate is completed efficiently and expeditiously.
Secure your interests or those of a loved one in the event of incapacity or illness
We have an ageing population with increased life expectancy but unfortunately that means many of us may, at some point in our lives, suffer from some form of incapacity which affects our ability to conduct our own affairs. Many people think that in such situations their next of kin can make these decisions for them, this is not legally correct.
Let us prepare for you a Power of Attorney whereby in the event of your incapacity the person most trusted by you makes those decisions for you. Better to have it and not need it as to need it and not have it.
If you have a loved one who is incapacitated and unable to make decisions about their personal care and finances and you would like to be able to make these decisions for them, you will need to apply to the Court to be appointed as their Welfare and Financial Guardian. At Lanarkshire Law Practice we have considerable experience in making these applications.
Living Will (Advanced Directive) – If you want your relatives or medical professionals to know your wishes about medical intervention in the event of your illness and inability to express your view, then we can make a living will for you.
We approach the provision of legal services to older people in a sensitive manner tailored to your needs and ensuring complete confidentiality at all times