• INITIAL FREE INTERVIEW AVAILABLE ON REQUEST
• PERSONALISED PROFESSIONAL ADVICE

SO MANY QUESTIONS?   Where do you turn?

• What about the children?
• Who is entitled to the house?
• Are you entitled to maintenance?
• What about pensions?
• Could you be entitled to Legal Aid?

• What happens if you are threatened?
• What about other assets?
• Should you make a Will?
• Who is responsible for Costs?

No one starts a relationship expecting it to break down but if it does you don't have to go it alone. We're here to help- For Personalised Professional Advice, 
Click here: Julie.Clark-Spence@wilsoneduffus.co.uk

Our Family Law Department

Most of us become involved in a family relationship at some time in our lives - whether we marry, live with a partner, have children or simply form bonds with nieces and nephews. Sadly, many relationships break down, often in unhappy and stressful circumstances.  Seeking early legal advice can help ease a difficult situation, protect your position and may lead to an agreement being reached to resolve matters.

WILSONE & DUFFUS' Family Law Department is dedicated to providing a prompt, efficient and sympathetic service to those undergoing relationship breakdowns and family disputes and to those who need advice on any aspect of Scots Family Law.  Our Senior Family Law Solicitors are members of the Family Law Association and provide a full range of LEGAL AID for advice on all areas of Scots Family Law, subject of course to your eligibility.  Our Family Law solicitors shall be pleased to advise you on whether you are likely to qualify.

Separations are often temporary and couples reconcile.  Even if a separation might not be permanent it may still be in your interests to seek advice and a fresh agreement can be reached if you and your partner resolve your differences and continue with your relationship.

We can provide personalised professional advice when you need it most.  The following pointers may help.

• Separation

Whether married or not, a separation can lead to disputes over children and finances. If you are separating, decisions may be difficult and you may feel pressured to agree to demands from your former partner. Our Family Law team can deal with all aspects of a separation.  You may simply want general advice on steps you can take to preserve your position, or you may want us to negotiate a settlement, or a written Separation Agreement.  In other situations, it may be necessary to raise Court proceedings.  Our Family Law Department can advise you on all aspects of your separation, and on any steps you should take if you and your partner reconcile.

• Children

Often, immediate action is required to protect children involved in a relationship breakdown, and this may include making an application to the Court for a residence order (stating where a child is to live), or for orders preventing one parent having contact with a child if there is a risk of harm to the child.  In other cases, there may be disputes about where a child is to live or about the contact (access) one parent is to have with his or her child. Often, it is possible to negotiate a resolution, but if not, it may be necessary to apply to the Court for appropriate orders.

• Violent Partners

If you are the victim of a violent partner or spouse, there are several organisations that may be able to provide practical and financial help, such as Women’s Aid, Victim Support and the DSS.  In certain circumstances, it may also be possible to seek Court orders to try and protect you and any children and to regulate matters such as whether your violent partner is required to leave the family home.

• Financial Matters

A couple's finances can be more complex than they had thought and prompt legal advice can be essential following separation, particularly where a marriage has broken down.  We can advise you on what claims (including claims for maintenance) you and your former partner may be able to make against each other.  If married, we can negotiate on your behalf to achieve a fair division of the matrimonial property, which can include valuable assets such as pensions and policies.

• Divorce

Some separated married couples wish to divorce as soon as possible; others prefer to resolve matters relating to finance and their children before divorcing.  Even if finances have been agreed it can be worthwhile seeking legal advice before proceeding with a divorce.  If any matters are in dispute following the separation, these can usually be raised in an action of divorce, or by means of separate proceedings. 

• Grandparents and other Relatives

Separation affects not only children and parents, but can affect other relatives - for example, following a separation, a grandparent may find it difficult to continue to have contact with a much-loved child.  In other cases, a child may be living with a relative or other party on an informal basis and it may be sensible to consider setting the arrangements on a legal footing to provide the child with stability and to protect his or her position.  Our Family Law Department can advise on the options open to such relatives.

• Adoption

Adoption is a major legal commitment.  We can advise fully on the implications for the adopter, the parents and the child and also discuss whether an alternative solution would be more appropriate.  If adoption is to be sought, we can prepare the application and conduct any court hearings on your behalf.

• Social Work/Childerns Hearings

A child or family may come to the attention of the Social Work Department for many reasons, ranging from a temporary inability to care for a child due to ill heath, to alleged abuse of the child.  We can assist or represent you in such matters at all levels, from the initial Social Work involvement to Children hearings and to any Court hearing.

• Wills

Following separation, you should consider making a Will or updating an existing Will to ensure that this takes account of your change in circumstances.  Even if you have few assets, a Will can make provision for the care of your children and should not be overlooked.

• Children have Rights too

Children's rights are recognised in Scots Law, and parents have a duty to take into account the views of children over 12 (and in some cases, of children under 12) when making certain decisions about their future.  Indeed, if Court proceedings are raised relating to a child over 12 years old, the Court will generally require the child to receive a letter asking if he or she has a view.  Many children (generally those over the age of 12) can instruct a solicitor to represent his or her interests in such proceedings, or can instruct a solicitor to raise proceedings on his or her behalf.  The child is entitled to apply for Legal Aid where appropriate.

• Mediation

Mediation is a method of 'alternative dispute resolution' where parties who would like to try and resolve their differences out of court meet a trained mediator who can help them explore various options.  Mediation is not suitable for all couples, but can often result in a solution being reached with the minimum expense and delay.