Sensitive. Effective. Trustworthy.
Our Family Law Services
Just as no two families are the same, we know every case has its own unique set of circumstances. We also know that when family matters are at issue, many people have to make life-changing decisions under immense stress and with intense concern for the future. This is why we are dedicated to handling each case with skill and care, from start to finish. Our sensitive family solicitors provide our clients with objective advice, aimed at looking after our clients’ interests and helping them find an effective solution.
Please contact us if you need assistance and advice regarding any of the following:
- Separation agreements
These are legally-binding legal documents, also known as a minute of agreement, that allow former partners to set down arrangements relating to their separation, such as what happens to the family home and finances, and how children will be cared for. We regularly help clients negotiate and agree the terms of separation agreements, which we then draft and register to ensure they are valid and enforceable if they need to be relied on in the future.
- Maintenance agreements
These legal documents set out terms relating to the financial support for a former partner or any children of the relationship. Negotiating and drafting maintenance agreements requires particular care and attention, to make sure the terms are fair and reasonable, and to avoid the risk of costly and time-consuming court proceedings if disagreements arise in the future.
Formally bringing a marriage to an end means following strict legal rules and procedures. The rules and process that need to be followed depends on whether the parties agree on the reasons why the relationship has broken down, whether there are any children and whether the parties can agree about how finances and assets are divided. We will help you navigate this complex system, always aiming to keep costs down and to lighten the burden.
- Ending a civil partnership
Formally bringing a civil partnership to an end, also known as dissolution, is similar to divorce in that certain rules and procedures need to be followed. Exactly which rules and process is appropriate depends on the circumstances, such as whether there are any children, if the parties agree on the grounds for dissolution, as well as how finances and shared property are to be divided between them. We will support and guide you through the entire process, aiming to resolve complexities and find cost-efficient solutions.
Also referred to as custody and access, residence and contact is often a highly sensitive issue. We will work closely with you to explore all available avenues and find a solution that has the best interests of the children at its core. Whether through mediation, collaboration or formal legal action, we will provide expert legal support, advice and assistance through the entire process.
If you want to have a say in where a child will live, how they will be educated or the medical treatment they should receive, it is necessary to have parental rights and responsibilities. These constitute the legal power to make decisions about the upbringing of a child. We regularly help clients deal with matters relating to parental rights and responsibilities, including mothers, fathers, step-parents, same-sex partners and grandparents.
- Interdicts and non-harassment orders
If a family dispute escalates into abusive or intimidating behaviour, the court has the power to make orders protecting the victim from harm. Both interdicts (a civil remedy) and non-harassment orders (a criminal law remedy) seek to prevent an individual from certain types of conduct, and if that person breaches the terms, they will face criminal prosecution. We act quickly to help put legal protections in place that seek to protect our clients and their families.
- Rights of cohabitees on separation or death of a partner
While cohabitees do not have as much legal protection as married couples or civil partners, they are granted some time-sensitive rights on separation (e.g. an application for financial provision must be made within the first year of separation) or the death of a partner (e.g. an application for an award out of a cohabitee’s intestate estate must be made within six months of death). We will help you make a claim, or put arrangements in place so that your interests are protected in the future.
- Pension sharing
Pension sharing is where a separating or divorcing couple transfer the value of one party’s pension to the other. Pensions are usually one of the most valuable matrimonial assets, and they also tend to be the most complex when it comes to calculating and agreeing how it should be shared. We have vast experience in this area and draw on the expertise of pensions specialists to provide accurate advice that protects our clients’ interests.
Prenuptial agreements are entered into before a couple marries and provide instructions on how current and future assets, income and property should be divided in the event the relationship breaks down. Prenuptial agreements provide certainty, and reduce complications and legal costs if the couple divorces. It is highly recommended that both parties to a prenuptial agreement seek independent legal advice. Your lawyer will help you negotiate favourable terms, and will draw up the final agreement.
We offer a fixed fee first meeting to discuss the issues you are facing. If you decide to instruct us further, our expert team will guide you through the entire process.
Family Finances Solicitors Lanark, Scotland
Clarity on financial issues is often the key to fast and fair results. We have developed a network of experts who work with us in valuation of houses, buildings and land, to cover residential, business and agricultural property. We can tap into the knowledge of specialists in pensions and almost every other kind of asset that needs to be valued when two people go their separate ways. We can get a skilled valuation of anything from an operational wind turbine to a coin collection.
Family Court Proceedings Lawyers Lanark, Scotland
Our partner Jim Robertson has over 30 years’ experience dealing with cases at Lanark Sheriff Court.
Davidson & Shirley Family Law Solicitors in Lanark, Hamilton & Strathaven, Scotland
From start to finish, we handle our clients’ family matters with skill, care and discretion. Please contact our approachable family law solicitors on 01555 662576 for more information on how we can help.