Divorce Lawyers in Glasgow
Family Law Glasgow are a team of expert divorce lawyers who can guide you through the separation process. Contact us today to find out how we can help you. You can call us on 0141 413 0527 or fill out our online enquiry form.
When you and your spouse decide to divorce, the property you have accumulated over the course of your relationship will have to be divided between you. While this often involves some very difficult discussions, it doesn’t necessarily have to be argued before the courts. With the benefit of professional legal advisors, with a thorough understanding of divorce law in Scotland, it is possible for a divorce to be brought to an end as quickly, and peacefully, as possible, in a way that can help avoid a courtroom battle.
If you wish to separate from your spouse you may be considering divorce or a separation agreement. A separation agreement allows a parting couple to negotiate and agree the terms of their split. The separation agreement is a document that sets out issues such as financial arrangements and child contact. We offer a free initial telephone consultation where we can talk you through your options and explain whether divorce or a separation agreement may be more suitable.
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Our friendly family lawyers understand that separation can be an extremely painful and emotional time for all involved. We work closely with clients to help to minimise the stresses involved at this time.
When negotiating a separation agreement the solicitor for each partner will make a calculation of the matrimonial property. The separating couple can then negotiate to come to a mutually agreed settlement called a Minute of Agreement. This document becomes legally enforceable once signed and registered. The Minute of Agreement can set out issues such as how property will be split and child residency.
Many separating couples prefer this option because it allows them to negotiate mutually agreed terms and helps them to avoid a possible expensive and lengthy court battle. If you decide to divorce further along the line, a separation agreement can allow the divorce to proceed uncontested.
In cases where a separation agreement is not possible, our friendly solicitors can talk you through your divorce options.
In Scotland, there are two grounds for divorce. These grounds are that there has been an irretrievable breakdown of the marriage, or one partner has been issued with an interim gender recognition certificate.
Irretrievable breakdown will normally involve at least one of the following situations:
- Your both being separated from one another for one year
- Your spouse having behaved unreasonably
- Your both being separated for two years, and only one of you seeks a divorce
To understand how the law on divorce works, and what steps need to be taken in order to get a divorce, contact the Austin Lafferty Family Law Glasgow Team. We can advise you whether a simplified or ordinary divorce is available to you.
Where parties agree, it is possible to apply for an undefended divorce. You may find it helpful to seek general help and advice from a solicitor before pursuing this action. A solicitor can draw you up an agreement to be lodged in court.
In a defended divorce action you should consult a solicitor. For this type of divorce action you will need to go to the Sheriff Court to resolve the issues of dispute.
Depending on the nature of the relationship you have with your spouse, you may be able to navigate the legal processes fairly quickly through a simplified divorce. This is sometimes called a DIY or quickie divorce.
If your relationship with your spouse is not overly complex, you may be able to apply for a simplified divorce. This is restricted to couples whose relationship falls into the following criteria:
- The relationship has no children under the age of sixteen
- Neither party makes a claim for some level of financial provision on divorce from their spouse
- The basis of the application for a divorce is non-cohabitation
If you do not meet the above criteria then you would have to follow ordinary divorce procedure.
If a relationship involves children under the age of 16, their care and provision will have to be finalised between both you and your spouse before any divorce can be finalised. Furthermore, there will need to be some agreement, where possible, on what is to be done with the property that you and your spouse accumulated over the course of your relationship, including the matrimonial home.
Deciding which law firm to choose when you need any form of legal advice or representation can be challenging. Firms may be indistinguishable from one another as they can offer similar legal services.
This decision becomes even more sensitive when it concerns family law matters such as divorce, separation agreements, Power of Attorney or parental rights issues. Family law touches some of the most emotive and personal areas of our lives so it is especially important to find the lawyer who is right for you and your family.
This can be made even more difficult by the huge number of Glasgow divorce solicitors that the internet can find for you. This guide is designed to help you focus in on what you need from your family lawyer.
Here are several key questions you should consider:
- Does this firm specialise in family law?
It is important to establish whether the lawyer specialises in family law or whether this is just one of the many areas that they deal with. Aspects of family law such as divorce can be complex, and a solicitor who deals solely with this area of law will have built up considerable experience and understanding of the process. Given the particularly emotive elements of divorce and child residency, a friendly family lawyer may be best placed to understand the sensitivity needed.
- What will the costs be?
It is important to note that many firms do not offer Legal Aid. Some law firms may be happy to give you some initial free legal advice and some firms may offer fixed fee packages. With the variety of fee arrangements used by law firms, it is essential to understand from the start what firm’s fees will be and whether this is right for you. Being sure of the costs from the start will help to make you feel in control of the process.
- How will the solicitor communicate with me?
Considering the personal and sensitive aspects of family law, you will likely be keen to discuss your case in depth with your lawyer. Modern digital technology such as Skype and email have been embraced by many law firms as a way to save clients’ time and money and this makes the location of the office less important. However, if you prefer to meet with your lawyer face-to-face you should consider the location and how easy it will be for you to get to the office. A firm in the centre of Glasgow will have good public transport links and will probably be more convenient to travel to compared to a firm in a remote location.
- Does this firm get good reviews for their family law services?
When deciding which family firm to instruct it can be comforting to know that they have been recommended by previous clients. Whilst recommendations from friends and family are helpful, the internet allows you to consider reviews from a much wider group. A testimonial on a law firm’s site can give you a good indication of how clear their fees are and how often they will update you on developments in your case.
If you are considering a divorce, contact our family lawyers today. Making the decision to divorce from your spouse is not an easy decision and should not be handled alone.
The friendly team at Family Law Glasgow are here to support and guide you through the divorce process.
Call us today on 0141 413 0527 or fill our our online enquiry form.