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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…
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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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Can Child Maintenance or Aliment Be Backdated in Scotland?
When parents separate, one of the first concerns is how children will be financially supported. At XK Solicitors we are often asked is can Child Maintenance Services (“CMS”) backdate CMS payments to the date of separation, in Scotland? The short answer is no – but there are important details you should understand. Child Maintenance through…
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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…
