Online Legal Advice Service Divorce Law Scotland offers a unique, on-line service for the benefit of people who require specialist legal advice and legal representation in Divorce and other Family Law matters under Scottish Law. Available 24 hours a day, making legal advice more accessible and more affordable. |
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 Stephen Brand of Thorntons is accredited by The Law Society of Scotland as a Family Law Specialist. Stephen has been dealing with Family Law Litigation for 25 years and has come across all kinds of difficult, emotional and complicated situations in that time. His caring and sensitive approach with clients - particularly where children are concerned - has seen his client base grow immensely over the years. Stephen is accredited by Law Society of Scotland as a Family Law Specialist and as a Family Law Mediator, he works closely with clients in reaching a resolution, no matter how impossible it may appear at the time.
Thorntons Law LLP Whitehall House 33 Yeaman Shore Dundee DD1 4BJ |
Family Law (Scotland) Act 2006 Heralds Changes for Cohabiting Couples
The new Family Law (Scotland) Act 2006 came into force on the 4 May 2006 and, as expected, has changed the mechanics of getting divorced through adultery, unreasonable behaviour, living apart for a period of one year with your spouse's consent and living apart from your spouse for two years without consent.
One of the more radical changes, however, and which has not had quite the same publicity, is the rights of those people who live together either as husband and wife or as civil partners and then break up.
In such circumstances, there is now a possibility of a claim for a capital sum at the end of their relationship and there is also a presumption of a share in the ownership of household goods bought whilst they were together. If a cohabitant dies, without leaving a Will, then the court can make an award to their partner out of the deceased's estate.
We shall have to see how these new rules will apply in practice, and it is anticipated that it may take a long period of time before cases work through the system and we begin to get a feel for what the courts might do in particular sets of circumstances. | |