Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

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Family and Divorce Lawyers Edinburgh

Family Law can encompass any legal aspect in a family situation. From pre-nuptials and cohabitation to divorce and separation to child residence and contact and adoption and surrogacy. Our team of family lawyers we understand that family problems are a stressful and emotionally demanding time. During this difficult period, our experienced family law team will assess your individual circumstances and present you with all the options available to you.

Why Choose Our Edinburgh Family Lawyers?

Our family law team have extensive experience dealing with all kinds of family issues. We pride ourselves in providing all of our clients with reliable and clear advice and work towards security effective solutions for you.

Divorce Lawyers Edinburgh

Deciding to begin divorce proceedings can be one of the most difficult decisions you ever have to make, especially if you have children.

Our team of expert Edinburgh divorce solicitors have extensive experience as they deal with the various issues surrounding divorce One of the most pressing concerns upon separation or divorce are the welfare of the children in the marriage as well as division of the family home and finances.

Under Scots Law, assets are divided fairly, which usually means equally unless certain circumstances apply. If you are going through a divorce it is important that both partners understand their financial situation.

Prenuptial Agreements

Nobody enters into marriage intending to get divorced, but 50% of marriages do end in divorce so it is understandable that many couples prefer to prepare for the possibility of a relationship breakdown.

A prenuptial contract (often called a pre-nup) is a formal written agreement created before you are married which details how certain assets are to be treated should the marriage end. A pre-nup agreement can cover a range of assets, including pre-marriage or inherited property, savings shares and other belongings. Once married, these assets, if reinvested or changed in any way could become matrimonial assets and considered to belong to both parties unless protected. A pre-nup could simply state that in the event of a divorce then everything will be divided 50/50, or it can be more complex. To learn more about pre-nup agreements please visit our dedicated pre-nup agreements page. 

Cohabitation

Cohabitation is where two parties decide to live together but they are not married or in a civil partnership. Following a relationship breakup or someone passing away, can cause a grey area when it comes to sorting childcare or dividing property and financial assets, as you may not be entitled to everything you assumed.

Some couples may use a cohabitation agreement to keep control of their assets and help minimise legal and financial problems if they were to part ways. This agreement is legally binding and similar to a pre-nup details what should happen should the relationship end. What is covered in the agreement would depend on each person’s individual circumstances but could include, property ownership, division of assets, arrangements in relation to children and details on financial matters.

You could benefit from a cohabitation agreement if:

You are buying a property with a parent and one of you is paying more towards the deposit.

Your partner is moving into a property you own or vice versa.

You and your partner have children together.

To find out more about our cohabitation services please visit our cohabitation pages

Child custody and contact

Child custody (sometimes referred to as child contact) is often the most contentious issues a couple separating or divorcing must agree on.

In most circumstances, the parents are able to reach an agreement without having to go to court however. Our team can advise you on your parental rights and responsibilities relating to the children of your relationship and assist in negotiating and formalising any out of contract agreement reached.

If you cannot reach an agreement, it is possible to ask the court to make a residence order, a contact order or both. A residence order regulates whom a child lives with. A contact order regulates arrangements for maintaining personal relations and direct contact with the child (for example, holidays, calls etc.)

When reaching a decision on child residence and contact, the court will make the decision on what it thinks is best for the welfare and interests of the child. The court will also make sure that the child has a stable environment and will also take into account the views of the child depending on their age and level of maturity.

Adoption and Surrogacy

Adoption can come in many forms, you could decide that you wish to add to your family and that you would like to adopt a child either from the UK or abroad, you might be a foster carer wanting to adopt a child you are already looking after or you might want to adopt a relative or step child. Whatever your situation we are here to help you.

Adoption is a very exciting time, but also an anxious and unclear time. The rules and procedures surrounding adoption are complex and you may be looking for advice. An adoption order is when the parental rights and responsibilities are passed from a birth parent to the adoptive parents. We will be able to answer any questions you have regarding adoption.

You might decide that you would like to be a surrogate parent or you might be looking for a surrogate to carry your baby for you. This is a notoriously complex area in terms of the law and if you are considering surrogacy then it is extremely important to get legal advice.

Some common examples of surrogacy include

A family member carrying a child.

A male same-sex couple using a female friend to carry their child

A couple who use a surrogate mother abroad.

This area of law is so complex because when a child is born, the woman who gives birth to it automatically has parental rights and responsibilities. During surrogacy, the assumption is that she will pass these rights onto the prospective parents she made the agreement with however, the mothers consent after the child’s birth is still required. If the mother chooses not to give up the baby then she cannot be forced too. However, if the arrangement goes to plan and the child is passed to the new parents they will still need to apply for the legal right to be the child’s parent’s. To find out more please get in touch with our Adoption Lawyers at 0131 278 3423.

 5 Reasons To Choose Our Edinburgh Family Solicitors

  • Members of the Family Law Association
  • Competitive Fees With Fixed Fee Orders
  • Emphatic & Approachable Family Solicitors
  • Based In Edinburgh City Centre
  • Committed To Finding The Best Solution For Your Family

Contact Our Team Of Divorce Lawyers Today

Our team of family solicitors are available through-out the working week and we offer a free phone consultation. We can help you find the best solution for your family today.

Take the First Step Now: Get in Touch

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