Our Latest Legal Articles
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Blood and Other Samples in Civil Proceedings
Section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 enables courts to seek scientific evidence (like DNA tests) in civil cases, particularly in…
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Division and Sale – staying in the Matrimonial Home
the Right to Stay in the Family Home During Divorce or Separation In a marriage breakdown, Section 19 of the Matrimonial Homes (Family Protection) (Scotland)…
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Occupancy Rights for Cohabiting Couples
Cohabiting couples in Scotland often assume that living together provides automatic rights over their shared home. However, occupancy rights are not automatic for cohabitants. Section…
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Why Your Minute of Agreement Refers to the Child Support Acts
Where you and your ex have children and you sign a Minute of Agreement following separation or divorce, you might notice that the section about…
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Matrimonial Interdicts (Scotland) – Spouses Not Yet Separated
Section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals with a very specific and often misunderstood issue; when one spouse seeks legal…
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Transfer of Tenancy of Matrimonial Home (Scotland)
When a marriage breaks down, one of the most important practical questions is who gets to remain in the matrimonial home — especially when the…
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The Matrimonial Homes – Interests of Creditors Explained
Section 8 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 addresses how the rights of creditors (like mortgage lenders) interact with a spouse’s right…
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Can you sell or mortgage your home without your spouse’s consent?
At XK Family Law Solicitors in Aberdeen, one of the questions we often hear from clients is: “Can my spouse sell or mortgage our home…
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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…
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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…
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For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.