Divorce can be an extemely difficult time. Family Law Edinburgh are a team of highly skilled divorce lawyers who seek to help families resolve issues in as amicable a manner as possible.
Contact us today to find out how we can help you. You can call us on 0131 322 1692 or complete our online enquiry form.
Separating from your partner is usually a difficult and stressful time. You may have many questions about the best step for you and your family to take. Family Law Edinburgh is operated on behalf of Gibson Kerr, a family law team who are highly experienced in all areas of divorce and separation law. We understand how upsetting a separation can be and we treat every enquiry with sensitivity and tact.
We have years of experience in guiding clients through divorce proceedings in Scotland. Our entire approach is aimed at taking as much stress and strain out of the proceedings as possible for our clients. We have built our reputation upon providing expert divorce advice and delivering a professional service to our clients.
You can contact us now to discuss your situation and to hear how we can help you. The following content has been produced to answer some of the most common questions and we hope that this is of help to you. Every person’s situation is unique and we provide bespoke advice.
Allow us to make things clearer for you by contacting us today on 0131 322 1692.
For further guidance on the law and procedure relating to divorce in Scotland, please see our divorce solicitors’ expert guides below:
We understand that many separating couples are worried about the cost of divorce. You may be concerned that you will not know how much the divorce is going to cost you until it is completed, or that there will be hidden fees you had not factored in.
Our team give you clear information about costs from the start of the process. Our fixed fee packages remove the worry and uncertainty about what the final cost will be.
To divorce in Scotland you must first of all be in a marriage that is recognised as a valid one in the United Kingdom and you must have jurisdiction to raise the case in a court in Scotland. If you satisfy these tests then you will be in a position to seek a divorce if your circumstances meet the criteria
The most common ground is the irretrievable breakdown ground. This means that the parties either agree or one party has to show that the marriage is permanently over. This can be shown by proving one of the following grounds:
In Scotland there are only two procedures that end a marriage:
Your circumstances will dictate which procedure is relevant.
In most cases, people will wish for divorce proceedings to be as quick and simple as possible. In order though to qualify for the simplified divorce procedure certain criteria must be met, namely:
In order to be able to utilise this simplified procedure you must be able to answer “Yes” to all of the above criteria and if not the ordinary procedure will be applicable. The simplified procedure is obviously designed to be straightforward. However, we would strongly advise that you obtain independent legal advice and in particular in relation to agreeing financial matters. We routinely advise clients in such circumstances.
If there are children under the age of 16 or financial issues that cannot be agreed then the ordinary divorce procedure will apply. The question will then arise as to whether the matter will proceed to divorce as a defended or undefended divorce. Legal advice should be obtained and our solicitors at Family Law Edinburgh can advise and assist you throughout the entire process.
If parties are able to agree on the grounds for divorce and on financial issues then the case can proceed to court on an undefended basis. The crucial aspect here is that agreement is reached by the divorcing parties so that there is no need for a full court hearing with evidence being led and cost being incurred. Reaching such agreement can often require extensive negotiation and correspondence as many matters require to be considered. An experienced family law solicitor is essential at this stage.
If agreement is not able to be reached then the case will proceed to court as a defended divorce action. This will mean that a hearing called a proof will ultimately be assigned.
The beauty of the modern digital age is the huge amount of information we have quick and easy access to. A Google search for the best family lawyer in a large city like Edinburgh will bring up a variety of different firms for you to choose from.
A decision on a divorce or child custody lawyer will normally come at a difficult and trying time in your life and it would be easy to feel intimidated by the choices available to you. This useful guide is devised to help you consider what it is that you really need from a family lawyer to make sure that you find the best one for you and your family.
Many people are wary of the costs of involving a solicitor in divorce or separation procedures. Each firm will offer a different fee structure so you may want to establish what the firms’ costs will be from your first communication with them. Some firms will offer a fixed fee package and other firms will charge you according to the time spent on your case. Not all firms will offer Legal Aid services. You should spend some time thinking about what fee arrangement is best for you before you choose a firm.
There are many different types of firms that can help you with parental rights issues or divorce. Given the highly personal and delicate issues that family law involves, you may feel more comfortable being represented by a firm that have vast experience and specialist knowledge of all aspects of family law. Divorce and separation agreements can be complicated and can involve strict evidential rules. A specialism in family law is a good sign that the firm will have the expertise to guide you through the process.
You need to consider how you will meet with your solicitor. A firm located in the centre of Edinburgh will have good public transport links whereas a firm in a more remote location might be more difficult to get to. You might want to consider what your travel costs will be. Some firms are open to using email, Skype and video conferencing and this makes the location of the firm less important.
Many people like to read restaurant or hotel reviews to find out what previous customers thought of the service they received. The same principle can be applied to family law firms. Information that the firm tells you about their solicitors is valuable, but you can learn a lot more from reading about the experiences of their previous clients. You could learn about whether the firm will guarantee to have one solicitor handle your case throughout your divorce, how quickly the firm will respond to you and how clear their costs are.
These are the principles that govern seeking divorce in Scotland. You may have read this outline and still not be sure if you are in a position to divorce or which type of irretrievable breakdown applies to your situation. Such matters can be complicated and that is why we are here to advise you. Your enquiry will be treated with confidence and professionalism.
Contact Family Law Edinburgh today on 0131 322 1692 or complete our online enquiry form.
Family Law Edinburgh is operated on behalf of Gibson Kerr Solicitors, Specialist Family Lawyers and Solicitors in Edinburgh City Centre
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