Going through a divorce or separation is an extremely stressful and upsetting experience. There are a wide range of personal and legal considerations to be factored in, particularly if there are children involved. At such a difficult and emotionally draining time having the clear, pragmatic support to help you make important decisions and to protect your position can be priceless.
The specialist divorce and separation solicitors at Andersonbain are on hand to provide invaluable guidance from the outset. If you are considering divorce or separation proceedings, our friendly and approachable team of family lawyers can provide professional, sympathetic advice in complete confidence to make you fully aware of your rights and options.
We pride ourselves on our reputation for reaching these agreements as quickly and straightforwardly as possible, avoiding the need for expensive, drawn out and stressful court proceedings wherever possible. If all other options have been exhausted and court proceedings are necessary, our many years of experience and skills in advocacy mean we are excellently placed to represent your interests in court and to achieve the right result for you. Contact us today on 01224 456 789 (Aberdeen), 0131 228 2000 (Edinburgh), or fill out our online enquiry form and one of the team will be in touch.
Expert Divorce Lawyers in Aberdeen & Edinburgh
Divorce represents the legal termination of a marriage, with the Sheriff Court or Court of Session granting a Decree of Divorce which brings the marriage to an end. For civil partnerships, the term ‘dissolution' is used in place of divorce.
In Scotland, the main ground for divorce is the irretrievable breakdown of the marriage. This can be proven in the following circumstances:
- There is adultery
- There is unreasonable behaviour
- If the spouses have been separated for over a year and both consent to the divorce
- If the spouses have been separated for two years, regardless of whether both parties content to the divorce
The above are also relevant for the dissolution of a civil partnership, except for adultery. However, adultery could still be a factor in establishing a person has behaved unreasonably
The court must be satisfied that the parties have made adequate arrangements in respect of their finances and the care of any children under the age of 16 before a divorce will be granted. This can either be as a result of the spouses or partners and their solicitors negotiating an agreement independently or after applying to the court for a decision if they have been unable to do so.
The financial consequences of a divorce or separation can be complicated – having the right independent legal advice is essential when it comes to negotiating an agreement with your ex-spouse or partner. Our divorce and separation lawyers can talk you through the options available to you, helping you to reach an agreement that provides clarity and security for you and your family.
We can advise on the drafting of a separation agreement, a written contract that contains provisions for maintenance payments, bank accounts, pensions, your family home and any debts that you may have. This will then be registered in the Books of Council and Session making your agreement legally binding in the same manner as an order of the court.
Separation agreements are entered into voluntarily, and there is scope for negotiating an agreement that represents your specific circumstances. Our solicitors can prepare, draft and review separation agreements to ensure that you are satisfied with the financial arrangements that will come into effect after your divorce.
Arrangements for Children
Disputes involving children following the end of a marriage or civil partnership can be some of the most challenging to negotiate. Before the court grants a divorce there must be arrangements put in place for children to ensure that they are cared for and that consensus has been reached on plans for where they will live and when they will be able to spend time with each of their parents.
Our family law solicitors can support by putting in place arrangements for your children in a professional but sympathetic manner. We can advise on residence and contact arrangements – these will cover where your children will live and how often they see the parent whom they are not living with.
If these arrangements cannot be agreed between the parties, we can act on your behalf in seeking a residence order from the court, demonstrating that you are best placed to provide your child with a home and to care for them. We can also work with you to agree a family-based child maintenance agreement to ensure that your child is adequately supported financially.
Contact our Divorce Lawyers in Aberdeen & Edinburgh, Scotland
Whatever your circumstances, you can be sure that our solicitors will work tirelessly on your behalf to achieve your desired outcome. Through our skills in negotiation and mediation, we will work to secure agreements for financial settlement and childcare amongst other arrangements that require to be made before the court will grant a divorce. Call Andersonbain on 01224 456 789 (Aberdeen), 0131 228 2000 (Edinburgh), or fill out our online enquiry form.