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How an Unmarried Fathers Can obtain Parental Rights – Scotland
Not all fathers automatically have parental rights and responsibilities (PRRs) in Scotland. Under Section 3 of the Children’s (Scotland) Act 1995, only fathers who were married to (or in a civil partnership with) the mother of the child at the time of conception or fathers who were named on the child’s birth certificate (after 2006)…
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Parental Rights and Responsibilities in Scotland – A Complete Guide
Scottish law is very clear that being a parent is not just about love and care but that parenting comes with legal responsibilities and rights. These are set out in the Children’s (Scotland) Act 1995, particularly in Section 1 (Parental Responsibilities) and Section 2 (Parental Rights). At XK Family Law Solicitors Aberdeen, we help parents…
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Who Has Parental Rights and Responsibilities in Scotland?
In Scotland, parental responsibilities and parental rights (PRRs) are the legal duties and powers parents have in relation to their children. Sections 1 and 2 of the Children’s (Scotland) Act 1995 explain what PRRs are (duties like safeguarding a child, and rights like deciding where they live). But Section 3 of the above 1995 Act…
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Parental Rights in Scotland – Explained
Section 2 of the Children’s (Scotland) Act 1995 sets out “parental rights”. These are the rights that parents have so they can properly fulfil their parental responsibilities (the other half of Parental Responsibilities and Rights). At XK Family Law Solicitors Aberdeen, we help parents understand what these rights mean in real life, and how the…
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Parental Responsibilities in Scotland – Explained
Section 1 of the Children’s (Scotland) Act 1995 sets out the core parental responsibilities that every parent has towards their child. At XK Family Law Solicitors in Aberdeen, we help parents understand their rights and responsibilities. Below, we’ve broken down the law in simple English, with examples to explain how it works in real life.…
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Key Sections of the Family Law (Scotland) Act 1985 – Explained
Introduction:The Family Law (Scotland) Act 1985 is the cornerstone of Scottish divorce law, especially when it comes to financial matters. As family law solicitors, we often guide clients through this Act’s key provisions. Essentially, the 1985 Act lays out how spouses should support each other and how assets and money are divided fairly if they…
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Presumption of Equal Shares in Household Goods (Scotland)
Section 25 of the Family Law (Scotland) Act 1985 sets out the rules about who owns household goods when questions of ownership arise during or after a marriage or civil partnership. The law creates a presumption of equal ownership unless there is clear proof to the contrary. The General Rule – Equal Shares If there…
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Aliment of Small Amounts
Section 23 of the Family Law (Scotland) Act 1985 explains how people can raise court actions for aliment (financial support) when the amounts involved are relatively small. It makes these claims easier and cheaper to pursue in the sheriff court through a simplified procedure known as a summary cause. What is Aliment? When Can Aliment…
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Is Income Matrimonial Property in Scotland?
When couples separate or divorce in Scotland, one of the most important questions is: what counts as matrimonial property? At XK Family Law Solicitors, we are often asked whether income earned by either spouse during the marriage is automatically included. The answer is not exactly. Let’s take a look. What the Law Says The definition…
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Oaths vs Statutory Declarations in Scotland – What’s the Difference?
When dealing with legal documents in Scotland, you may hear the terms “administering an oath” and “notarising a statutory declaration.” Although they sound similar, they are different processes with different purposes. Here’s a clear guide to help you understand what each means, and when you might need them. What Does It Mean to Administer an…
