Family Law Lanarkshire

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What does family law involve?

 

What does family law involve?

Family law involves legal matters that pertain to families and relationships. This can include a wide range of issues, such as divorce, child custody, adoption, and domestic violence.

In family law cases, the main objective is to protect the rights and best interests of the individuals involved, particularly children. Family lawyers work to navigate the complexities of these cases, ensuring that the legal process aligns with the individual circumstances and needs of their clients.

Family law also encompasses areas such as prenuptial agreements and property division in cases of separation or divorce. These matters require careful consideration of financial and property rights, as well as the emotional impact on all parties involved.

It is important to consult with a qualified family law attorney who specialises in these matters. They can provide expert advice, guide you through legal proceedings, and ensure that your rights are protected. Family law is a highly specialised field, and having the right legal representation is essential in achieving fair and just outcomes for all involved parties.

All Financial matters related to family law are governed by the Family Law (Scotland) Act 1985 and Matrimonial Homes (Family Protection) (Scotland)’s Act 1981. Domestic abuse can take many forms, including physical, emotional, sexual, financial, and psychological abuse

Marriage and Civil Partnership

Marriage is a legal union between two people, typically a man and a woman, who have chosen to spend the rest of their lives together. In Scotland, marriage is governed by the Marriage (Scotland) Act 1977 and the Marriage and Civil Partnership (Scotland) Act 2014.

Same Sex Marriage is legally recognised and is available to both same-sex and opposite-sex couples. Same-sex marriage became legally recognised in Scotland in 2014, following the passage of the Marriage and Civil Partnership (Scotland) Act. This Act amended the law to allow same-sex couples to marry in the same way as opposite-sex couples.

Civil partnership is a legally recognised relationship between two people of the same sex. It was introduced in Scotland under the Civil Partnership Act 2004, and is essentially the same as marriage in terms of the rights and responsibilities it confers on the partners.

Divorce and Dissolution of Civil Partnership

Divorce is the legal process by which a marriage is terminated or dissolved using a solicitor. In Scotland, the law on divorce is set out in the Divorce (Scotland) Act 1976. Dissolution of a civil partnership is the legal process by which a civil partnership is terminated. It is governed by the same legislation as divorce, namely the Divorce (Scotland) Act 1976Taking legal advice on this is advised.

A marriage or civil partnership can be dissolved / divorced on the ground that there has been an irretrievable breakdown in the relationship. There is a simplified procedure where there are no children under 16 years of age and no outstanding financial issues. 

Child Law, Child Custody and Parental Responsibilities

Child law in Scotland covers a wide range of legal issues that pertain to children, including their rights and protections.

Child custody refers to the legal authority and responsibility for making decisions about a child’s welfare and upbringing. In Scotland, this is known as “parental responsibilities.”

Parental responsibilities can be held by one or both parents, or by someone else who has been granted guardianship of the child. They include things like child arrangements and deciding where the child will live, what school they will attend, and what medical treatment they will receive.

Adoption

Adoption is the legal process by which an adult becomes the legal parent of a child who is not their biological offspring. In Scotland, adoption is governed by the Adoption and Children (Scotland) Act 2007.

Adoption can be either domestic (within Scotland) or international (from outside Scotland). It can be carried out by individual(s), married couples, or civil partners, provided they meet the eligibility criteria set out in the Act.

Financial Matters

Financial matters in family law refer to the distribution of financial resources between spouses or partners upon the breakdown of a relationship. This can include things like the division of pensions and assetsmaintenance payments, and the payment of legal fees.

In Scotland, financial matters are governed by the Family Law (Scotland) Act 1985 and the Matrimonial Homes (Family Protection) (Scotland) Act 1981.

Domestic Abuse

Domestic abuse refers to any behaviour that is used to exert power and control over a partner or family member, and can take many forms, including physical, emotional, sexual, financial, and psychological abuse.

In Scotland, domestic abuse is dealt with under the Domestic Abuse (Scotland) Act 2021, which introduced a new domestic abuse offence and created a range of measures to protect and support victims.

Mediation and Alternative Dispute Resolution

Mediation is a process in which a neutral third party (the mediator) helps disputing parties to reach an agreement without going to court. It is often used in family law disputes as a way to resolve conflicts and reach mutually acceptable solutions.

Alternative dispute resolution (ADR) refers to any method of resolving disputes outside of the traditional court system. ADR methods include things like arbitration, conciliation, and expert determination.

In summary, family law in Scotland covers a wide range of issues related to family relationships. It includes marriage, civil partnership, divorce, cohabitation and child custody. Adoption is the legal process by which an adult becomes the legal parent of a child who is not their biological offspring.

All Financial matters related to family law are governed by the Family Law (Scotland) Act 1985 and Matrimonial Homes (Family Protection) (Scotland)’s Act 1981. Domestic abuse can take many forms, including physical, emotional, sexual, financial, and psychological abuse.

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