Family Law Lanarkshire
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Family law in Scotland involves a range of legal matters that relate to families and relationships. This can include a range of issues, including 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.
It is important to consult with a qualified family law attorney who specialises in these matters. Our expert team of family lawyers can provide advice, guide you through the legal proceedings, and ensure that your rights are protected.
Family law is a highly specialised field. 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 the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
Marriage and Civil Partnership
In Scotland, both marriage and civil partnerships are legally recognised unions available to same-sex and mixed-sex couples.
Marriage is a legal union between two people that is recognised by the state. In Scotland, marriage is governed by the Marriage (Scotland) Act 1977 and the Marriage and Civil Partnership (Scotland) Act 2014.
Same-sex marriage refers specifically to a marriage between two people of the same gender. It became legally recognised in Scotland in 2014 following the passage of the Marriage and Civil Partnership 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. Initially, civil partnerships were brought in to recognise same-sex unions in 2005. However, mixed-sex couples can also enter into civil partnerships. This is providing them with the same legal rights and responsibilities as married couples.
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 and is governed by the same legislation as divorce.
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 the age of 16 years of age and no outstanding financial issues.
Child Law, Child Custody, and parental responsibilities
In Scotland, child law covers a wide range of legal issues relating 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.
It can either be domestic (within Scotland) or international (from outside Scotland). In addition, it can be carried out by individual(s), married couples, or civil partners. This is 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 assets, maintenance 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 member of the family. It 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. This 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 the traditional court system. ADR methods include things like arbitration, conciliation, and expert determination.
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