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Occupancy rights in Scotland relating to sale, transfer etc of a property.
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals with rights after dealing and one of the most important provisions is of the act is Section 6. This deals with what happens to a non-entitled spouse’s right to live in the home when the property is sold, mortgaged, or otherwise dealt with by the “entitled…
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Home Exclusion Orders Scotland (Married Couples)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 gives spouses and cohabitants rights to occupy the family home. Section 4 of the Act deals with exclusion orders – powerful court orders that can suspend one spouse’s or partner’s right to reside in the matrimonial home. Exclusion orders are most often used in cases involving domestic…
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Cohabitant Rights in Scotland – Common Law Marriage Explained
It is often believed in Scotland that if you live with a partner for long enough, you automatically gain the same rights as a married couple. This is often called “common law marriage”. There is no such thing as common law marriage in Scotland. Living together does not give you the same automatic legal rights…
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Vulnerable Parties Scotland – Children (Scotland) Act 2020
When parents attend court in relation to child contact or child residence it will usually be under section 11 of the Children (Scotland) Act 1995. Attending court can be stressful, distressing or even intimidating. The Children (Scotland) Act 2020 has introduced new protections to make the process fairer for vulnerable people involved in family disputes.…
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Vulnerable Witnesses Scotland – Children (Scotland) Act 2020
Very often in section 11 (of the Children (Scotland) Act 1995) cases, there are issues of domestic abuse, harassment, or past criminal behaviour. The Children (Scotland) Act 2020 has introduced important protections to make sure that vulnerable people, including children and victims of abuse, are better safeguarded when giving evidence in family court cases. Below,…
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What the new 2020 Act Means for Child Contact Arrangements
If you are involved in a dispute over contact with your Ex in Aberdeen, it’s important to understand the recent legal changes. The Children (Scotland) Act 2020 makes several updates that affect child contact arrangements. Here, XK Solicitors explain how the new law impacts contact cases, from hearing the child’s viewpoint, to safeguarding children during…
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What Changes does the Children (Scotland) Act 2020 make?
The Children (Scotland) Act 2020 amends the Children (Scotland) Act 1995. What amendments has the new 2020 Act made? 1. Children’s Voices: Any Age, Any Suitable Way Old rule (1995 Act): Children aged 12 and older were presumed mature enough to express views in court, younger children often overlooked. However, in practice in Aberdeen and…
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When Are Couples Deemed Separated in Scotland?
At XK Solicitors, we are often asked: “When does separation legally begin?” The answer matters because the relevant date (the date of separation) fixes when matrimonial property is valued and when the clock starts ticking for divorce. The Legal Definition of Separation Under section 10(3) of the Family Law (Scotland) Act 1985, the “relevant date”…
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How Is Child Maintenance Calculated in Scotland?
In Scotland, most child maintenance is arranged through the Child Maintenance Service (CMS). At XK Solicitors, we regularly advise parents on how this works in practice. The CMS Formula CMS uses a set formula to calculate maintenance. It is based almost entirely on the gross weekly income of the paying parent (before tax, but after…
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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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Recent Posts
- Matrimonial Interdicts (Scotland) – Spouses Not Yet Separated
- Transfer of Tenancy of Matrimonial Home (Scotland)
- The Matrimonial Homes – Interests of Creditors Explained
- Can you sell or mortgage your home without your spouse’s consent?
- Occupancy rights in Scotland relating to sale, transfer etc of a property.