family law dundee divorce lawyers

Divorce Lawyers in Dundee

Family and Divorce Lawyer DundeeThe prospect of separation from your spouse can be a very difficult decision to make. In most cases, it is not a decision that is made lightly, often being the result of many attempts to reconcile or at least address matters that are affecting the relationship. At Family Law Dundee, we understand that you may be in need of detailed advice and guidance on what steps need to be taken to divorce from your spouse. Our experienced team of lawyers will work with you to provide as much support and remove as much of the stress as possible.

What reasons does Scots Law allow for divorce?

  1. adultery
  2. unreasonable behaviour
  3. non-cohabitation for a period of two years
  4. non-cohabitation for a period of one year with the consent of the other party

These criteria are demonstrative of behaviour that is generally considered to be unusual for a married couple. If there are no children in the marriage, no financial claims are made by either party in the relationship and of the four reasons, the ground for divorce is non-cohabitation, then a so called 'quickie divorce' can be obtained.

Children and Divorce

When there are children involved in the relationship and/or there is some debate as to financial issues, such as what will happen to the house, savings, car or maintenance etc., then divorce cannot be granted without resolution from the courts. In this case you will have to go through a lawyer. It is important to understand that the courts often prefer for a couple that is considering a divorce to try and make as many of the decisions about their separation as possible. However, if a couple is incapable of coming to an agreement on the distribution of matrimonial property, the sharing responsibility for children and other issues, then the courts will be the only place for such decisions to be made.

Another significant point to understand about court involvement in actions for divorce relates specifically to children. Regardless as to how their parents feel about one another, the courts are of the view that a child's relationship with both of their parents should be preserved as much as possible. It is generally considered to be detrimental to children to be deprived contact with either of their parents. While there may be unique circumstances that require the courts to take particular action, they will not permit one party to a divorce to dictate the terms of how a mother or father interacts with their children.

Negotiating Divorce Settlement

It is important to understand that the termination of a marriage has legal consequences. In other words, a contract between two people to live together as a married couple has been brought to an end. There has to be some consideration as to how the property that has been accumulated over the course of marriage should be distributed between the parties. While couples are entitled (and encouraged) to come to their own decisions where possible, in reality it is common and advisable for parties to observe the same standards that would otherwise be applied by the courts.

Generally speaking, a divorcing couple is granted the freedom to decide on how best they wish to terminate their relationship. However, sometimes it is difficult for the parties to come to an agreement about the consequences. In those situations, it is important to work in partnership with experienced family law solicitors, who have an understanding of the law and are able to negotiate effectively so as to remove as much stress and anxiety from the situation as possible.

Divorce Lawyer Dundee

Contact Us Today

At Family Law Dundee, we can provide access to experienced legal advisors who will be able to assist you in organising for a divorce from your spouse. Our team will listen to your concerns, and formulate a plan specific to your circumstances.

Call us on 01382 250 361 or contact us online.

 

Enquire now

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