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Matrimonial Property in Scotland: Pre‑Marriage Homes
Property bought before marriage Family Law (Scotland) Act 1985, s.10(4)(a): “Matrimonial property means all the property belonging to the parties or either of them at the relevant date which was acquired before the marriage for use by them as a family home or as furniture or plenishings for such home.” Key Point: The statute itself…
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Right of Spouse Without Title to Occupy the Matrimonial Home
Section 1 Matrimonial Homes (Family Protection) (Scotland) Act 1981 explains a non-entitled spouse’s occupancy rights. The idea behind Section 1 Section 1 creates automatic “occupancy rights” for a non-entitled spouse (the spouse who doesn’t hold the title/tenancy or permission to occupy) in a matrimonial home. In short, if your spouse is the sole owner or…
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Regulation of Contact Services in 2020
The Children (Scotland) Act 2020 introduced significant reforms to the way child contact is regulated in Scotland. Section 10 of the Act amends the Children (Scotland) Act 1995 to ensure that when courts make orders for child contact to take place at contact centres, those services are properly regulated. This change is designed to protect…
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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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How the Children (Scotland) Act 2020 Affects Child Residence
Deciding where a child will reside after parents separate is a major issue for families. In Aberdeen and throughout Scotland, residence disputes are governed by principles that have been refined by the Children (Scotland) Act 2020. Here we explain the changes that the 2020 Act brings to the Children (Scotland) Act 1995 and residence cases.…
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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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The Children (Scotland) Act 2020 – Changes to Taking Children’s views
Introduction: The Children (Scotland) Act 2020 has been described as a landmark legislation that should transform how children experience court cases in relation to contact and residence matters. For parents in Aberdeen and across Scotland, this Act brings important changes that strengthen children’s rights and their safety in family disputes. Here XK Family Law Solicitors…
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Section 12 of the Children (Scotland) Act 1995 – Divorce, Separation and Children.
When parents separate, divorce, or seek to annul a marriage or civil partnership, the court must consider both the legal termination of the relationship and the welfare of any children under 16. Section 12 of the Children (Scotland) Act 1995 sets out restrictions to ensure children’s interests are properly protected before a decree of divorce,…
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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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Child Maintenance in Scotland – Your Questions Answered
At XK Family Law Solicitors Aberdeen, we know separated parents often have many questions about child maintenance. Here we answer the most common queries in clear, practical terms. What is child maintenance? Child maintenance is the financial support that the parent who does not live with the child most of the time pays to the…
