Family Law in Scotland

Scotland has a separate and distinct legal system from the rest of the UK and Family Law is one of those areas which is separate from the law of England and Wales. It comes from a number of Acts of the UK and Scottish Parliaments and from a substantial body of case-law in Scotland's courts. It is now devolved to the Scottish Parliament. Since devolution, a flood of new legislation has meant that it is an area of law which has changed rapidly. Indeed it is hard to believe how far the law has come in just a decade. Same-sex couples are now able to enter into Civil Partnerships and, apart from a few differences in terminology, enjoy much the same rights as married couples. Couples who have been living together but were not married have gained the right to claim against each other in certain circumstances when they separate (see Breakdown of Cohabiting Relationships) and to claim on each others estates where one party dies withought making a Will. Those who wish to legally change their gender have gained the ability to apply to do just that and to marry or enter into civil partnerships as their acquired gender.

Those practicing family law in Scotland have therefore had to move fast to keep ahead of this fast changing area of the law. Inksters is committed to doing just that. Our family law department has very experienced family law solicitors who can assist: Joanne Romanis, Sarah Windsor and Sylvia MacLennan.
As the law has changed, so too have ideas about how we should practice it. We always try to encourage a non-confrontational approach to family law and think it is almost always better if the parties can negotiate a solution that they are both happy with, saving the time, money and expense of a court process. Where disputes are about children, we always encourage clients to try mediation first. Sometimes when clients come to us, there really is no dispute at all as they have agreed things between themselves and simply want us to facilitate their solution, for example by drafting a Separation Agreement or pre-nuptial agreement or by simply arranging something like a divorce. Sometimes, however, there really is no alternative to court action and our experienced court practitioners will robustly pursue or defend your position in court.

If you would like some advice about family law in Scotland, please contact our family law team on 03454 500 123 or send them an e-mail.