Relationships can break down gradually or suddenly. In either case, it is difficult to deal with the many legal consequences without professional help. We understand that separation can be a painful experience, which is why we seek to offer our clients a caring and affordable service. Our aim is to help you focus on a timely resolution, and minimise emotional and financial pressures.
We have experienced Family Law solicitors who can advise on all the different issues that can arise. We can offer practical help through the whole process, from the uncertain and anxious point of separation, right up until divorce is granted by the court.
We will provide clear, straightforward and practical advice to you in a friendly and sensitive manner. Our solicitors are approachable and courteous, and you will always be in safe hands in what can be a stressful situation.
In addition to helping with marital breakdown, we have extensive experience of acting for cohabitants and civil partners where these relationships come to an end, and we can give you detailed advice on the different rules that apply.
Each case will, of course, have its own set of circumstances, and our advice is always tailored accordingly. Sometimes your situation can seem overwhelming but our solicitors will be able to steer a path through the maze of emotional, practical and legal issues which can arise.
Our Family Law Solicitors can help with a wide range of services including divorce and financial provision, separation agreements, maintenance agreements, residence and contact orders in relation to children, pension sharing, parental rights and responsibilities, rights of co-habitants, civil partnerships, pre and post marriage agreements.
Support in establishing child contact and welfare provisions
One of the most critical and often challenging issues that require to be dealt with following a separation is putting in place arrangements to provide for your children both emotionally and financially. Such matters need to be handled with sensitivity while also ensuring that an agreement is put in place that is fair and equitable for you and your children.
Stuart & Stuart's team of family solicitors have many years of experience advising clients on such matters. We aim to ensure that arrangements are put in place quickly through negotiation and mediation. We can work to put in place agreements to prevent issues regarding the support of your children arising in the future, offering clarity and certainty to help promote the welfare of your children now and in the future.
There are all manner of circumstances involving children where sensitive and careful advice is needed. Apart from the common issues of residence and contact, we have dealt with many contentious cases where one parent wishes to relocate to another part of the country, or abroad, following a separation.
Our solicitors can give advice about all the varying aspects of Parental Rights and Responsibilities that flow from being a parent. We regularly assist grandparents, and other family members, in seeking appropriate orders from the court where the child’s own parents are unable to care for the child properly.
We will also give advice on issues such as Permanence Orders and Adoptions.
Reaching agreement on financial matters
Reaching a financial settlement following a divorce can be a trying and challenging experience. Our family lawyers can act on your behalf to make sure that a positive solution is reached for you, helping you to protect your wealth or to secure your fair share. We can provide guidance on matters such as proposals for settlement and how best to structure an agreement so that it is legally binding. In many cases, parties seeking a financial settlement will only consider savings, property and belongings when trying to establish what will amount to a fair sharing of assets. We can advise on how to deal with other types of assets as well, such as pension provisions, businesses, and inherited wealth.
For those couples planning on entering into a marriage or civil partnership, Stuart & Stuart can support in drafting legally binding agreements that detail how financial matters will be settled should the relationship come to an end. These agreements are known as prenuptial agreements or ‘prenups'. Once commonly associated with celebrities or high-net-worth couples, prenuptial agreements are increasingly used by couples who seek clarity regarding their finances, and who wish to avoid stressful and acrimonious disputes in the future. Our family lawyers can advise on how such an agreement should be drafted and meeting the particular legal requirements to ensure that a prenup has legal effect.
We have much experience of dealing with all manner of financial issues that can arise.
For example, when a separation occurs, consideration has to be given to issues such as the future of the marital home. Is it possible, for example, for you to purchase your partner’s share of the marital home, and will you be able to take on the existing joint mortgage on your own? We can refer you to specialist mortgage advisers.
We can give advice on pension sharing and refer you to specialist Independent Financial Advisors.
We can advise on situations where either spouse, or both spouses, have their own business or are otherwise self-employed.
We can advise you on gifts from friends or family, or about inherited wealth.
In all situations, we will be able to give detailed advice as to the applicable legislation, and extensive case law that has developed, in order to secure the “fair sharing” of the net matrimonial property that Scots law provides for.
Putting plans in place for unmarried couples
Many couples live together without choosing to get married or enter into a civil partnership. What your rights are when such a relationship comes to an end are not as for those living together a married couple or civil partners, but cohabitation rights are recognised under Scots law. Our family solicitors can advise on matters such as your right to remain in your home and financial provisions following a separation. We can also support you to put in place a written legal agreement recognising your relationship to prevent problems arising in the future.
Contact our Family Law Solicitors in Edinburgh, Bonnyrigg and Penicuik
Stuart & Stuart's family law practice in Edinburgh, Bonnyrigg and Penicuik has grown by personal recommendation, and our clients know that we are always available to provide ongoing support. We draw on many years of experience in family law and offer clear, practical advice which is tailored to your circumstances.