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Parental Rights for second female Parent in Scotland
The Children’s (Scotland) Act 1995 and the Human Fertilisation and Embryology Act 2008 (“2008 Act”) work together to define how and when a second female parent acquires parental rights and responsibilities (PRRs). Section 4A of the 1995 Act deals with second female parents. This section allows a child’s mother and her female partner to enter…
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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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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…
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Sheriff Court Jurisdiction in Scottish Family Law
The Sheriff Court in Scotland has legal authority over a wide range of family law cases, including: Divorce & Separation The Sheriff Court can handle a divorce or judicial separation case only if specific jurisdiction rules are met. Jurisdiction Conditions The court has jurisdiction if: Ancillary Orders If the Sheriff Court has divorce jurisdiction, it…
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A summary of Section 11 of the Family Law (Scotland) Act 1985
Factors the Court Considers in Divorce Financial Settlements When a couple separates or divorces in Scotland, the court doesn’t just divide property — it also looks at the wider financial circumstances.Section 11 of the Family Law (Scotland) Act 1985 sets out exactly what the court must consider when applying the principles from Section 9 (like…
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Understanding Matrimonial Property in Scotland
This is covered in Section 10 – Family Law (Scotland) Act 1985. When a marriage or civil partnership ends in Scotland, the law sets out how the couple’s assets should be fairly divided. Section 10 of the Family Law (Scotland) Act 1985 explains how matrimonial (or partnership) property is valued and shared. What Is “Fair”…
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Orders for Financial Provision During Divorce or Civil Partnership Dissolution
XK Family Law Solicitors Aberdeen – Experts in Divorce and Financial Settlements in Scotland. When a marriage or civil partnership ends, the courts can make financial orders to help divide money, property, and pensions fairly. These Orders are known as financial provision Orders. What Can the Court Order? When a divorce or civil partnership dissolution…
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Scottish Sheriff Court Divorce & Separation: When Can You Apply?
At XK Family Law Solicitors Aberdeen, we understand how confusing divorce jurisdiction can be. Here’s a simple breakdown of when you can bring a divorce or separation case to your local sheriff court in Scotland. When Can the Sheriff Court Handle a Divorce or Separation? You can raise a divorce or separation action in the…
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How to Show That you are Domiciled in Scotland
Domicile is a legal concept used to determine a person’s permanent home for legal purposes, including matters like divorce, child custody, and inheritance. In Scotland, proving someone is domiciled here can be important for establishing: What Is Domicile? Domicile means a person’s true and permanent home, even if they live elsewhere temporarily. You can only…
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Agreements on Aliment in Scotland – Your Rights Explained
XK Family Law Solicitors Aberdeen – Trusted Advice on Financial Support After Separation. Aliment is the legal term for financial support in Scotland a person may owe to another (such as between spouses, civil partners or children). Sometimes, people agree privately on payments. But what happens if things change? Here’s what the law says about…
