Family Law in Scotland

With the exception of buying a house, the breakdown of personal relationships is the most common reason for people to visit their Solicitor.

The law of the family includes divorce, financial provision for spouses and children, the division of family property, the care of children, contact with children and adoption. 

Family law in Scotland has developed enormously since the seventies and continues to grow.  The challenge for the courts is to recognise and cater for the variety of family arrangements which are now the norm. The family unit of mum, dad and the two kids is very much a thing of the past. There is now no such thing as a typical family. 

The breakdown of the family unit places everyone under enormous strain. There is therefore, no substitute for an experienced Family Solicitor who can explain the issues and deal with them quickly and effectively. 

These family law pages are a mere introduction to the subject. If you have family difficulties you must see a Solicitor who will advise you on your specific circumstances. Many Solicitors will consult for the first time free. In any event legal aid may be available.

We have tried to outline the law on the most common issues which arise in family law.

Our section on Divorce covers the grounds upon which divorce can be based, the consequences of divorce and briefly considers some of the practical issues in obtaining a divorce. Details of the Simplified Divorce procedure in Scotland are give separately.

Divorce often involves the redistribution of the family assets and we consider this in the section on Financial Provision on Divorce

Often parting spouses do not ask the court to rule on the end of the marriage. Many parting couples find it in their interests to agree the split of the marriage amicably and enter into an minute of agreement which deals with the division of property and other issues. We consider the advantages of a Minute of Agreement in a separate section.

Often spouses and partners are subjected to violence. This important topic is dealt with under the heading of Matrimonial Interdicts

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The Child Support Act now regulates the financial responsibility of absent parents toward their children. We give a general outline of how the Act provides for the support of children.