Legal
Scotland
Divorce law in Scotland
The information given in this website explains many of the issues of
family law in England and Wales. Scottish law is set out in the Divorce
(Scotland) Act 1976. This law is very different to the law in England
and Wales and you should consult a solicitor who is qualified in this
area.
For details of Scottish divorce solicitors please see our recommendations at Scottish divorce solicitors
The Scottish Child Law Centre
SCLC has information for children under the age of 18. To read about
how the law affects your child, have a look at our Teenagers section.
Website www.sclc.org.uk/
Legal aid
The legal aid scheme in Scotland is run by the Scottish Legal Aid Board
and is separate to the English scheme.
Website: www.slab.org.uk
Write to:
The Scottish Legal Aid Board
44 Drumsheugh Gardens
Edinburgh EH3 7SW
Tel : 0131 220 4878
One Parent Families Scotland provides excellent resources,
advice and support. This is free to join. Their website at http://www.opfs.org.uk
is a good place to start if you are contemplating divorce or have had
this decision made for you.
Their freephone helpline is 0808 801 0323
Monday 7 April 2008
One Parent Families Scotland: New Lone Parent Rights
Guide will be available from today. It includes information on the new
benefits rates for lone parents who are working/not working; maternity
rights; childcare; parental rights and responsibilities; legal issues;
housing; Tax Credits and the New Deal for Lone Parents.
The 2008 Directory of Family Support Organisations in Scotland is now
available at a cost of £10 plus postage and packaging for organisations
(free to lone parents). This publication contains details of over 1100
organisations that work with families.
We are currently updating our factsheets on Holiday companies and Holiday
Trust Funds that can help with the cost of a holiday and these will
be available from 14th April.
To request a copy of either of these publications, call 0808 801 0323
or email: info@opfs.org.uk
Family Mediation Scotland
Click here for their website
127 Rose Street, South Lane
Edinburgh EH2 4BB
Tel: 0131 226 4507 Their booklet, "Parents Apart", is very good.
Family support in Lanarkshire
Family Support Partnership Lanarkshire is a strategic partnership between
Family Mediation South Lanarkshire, Relate Lanarkshire and Scottish
Marriage Care.
Their website contains a wealth of information on the services they
offer in Lanarkshire as well as practical advice on relationships, sexual
problems and managing your separation or divorce if you have children.
Find out more now at www.familysupport.org.uk
The Child support agency
The Child support agency (CSA) covers Scotland, England and Wales.
The CSA does not cover the Channel Islands nor the Isle of Man.
If you have an initial assessment for child maintenance made before
3rd March 2003 then please visit their site situated on the left of
the site at www.csa.gov.uk/
If you are looking for information on the new child support scheme then please visit the site pictured its right. You can also read our article in the Financial section.
Stepfamily Scotland
Their prime service is the confidential Helpline which provides
support and information for any member of a stepfamily or those working
with them. The helpline is now available on a lo-call number: 0845 122
8655. Calls to the Helpline from any UK landline will be charged at
local rates. Mobile rates may vary. They offer a wide range of information,
training and publications.
Website www.stepfamilyscotland.org.uk/
CAB
Click on Scotland divorce articles www.adviceguide.org.uk/scotland/
for articles about ending a marriage or a cohabitation in Scotland.
There's lots of other information too, changing your name is one example.
Council websites
Your local website can often offer excellent information on housing
and benefits and many other topics. If you are in Glasgow, please see
www.Glasgow.gov.uk
Simplified Divorce procedure via Divorce Law Scotland
You can only proceed with a divorce action under the simplified
divorce procedure if:
You or your spouse have been resident within Scotland for at least 12 months and there are no children from the marriage (or children accepted into the family) who are under 16 years of age and all financial matters have been agreed
AND one of the following applies:
- You have been separated from your spouse for a continuous period
of 1 year or more and your spouse will consent to divorce proceedings
OR
- You have been separated for 2 years (no consent required).
Family Law (Scotland) Act 2006
Heralds Changes for Cohabiting Couples - Stephen Brand reports
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.