‘Wholesale Review’ of Scottish Family Law May Be Needed
Holyrood’s Justice Committee recently published a review of the Family Law Scotland Act 2006 and concluded that a complete review of Scots family law may be necessary in the next session of Parliament. The Family Law Scotland Act 2006 was a significant step forward in Scots family law as it introduced rights for cohabitants, provisions for when a non-married couple separate and reformed the rights of unmarried fathers. The Act was praised for bringing family law into step with modern family life and reflecting the reality that more and more parents are cohabiting couples, rather than married. However, the legislation has been criticised for being unclear and for imposing strict time limits on some matters. The Committee heard evidence from a breadth of interested parties, including academics, legal practitioners, policy makers and groups such as Families Need Fathers. Christine Grahame MSP, Convener of the Justice Committee said: “With the main legislation on child law now arguably beginning to show its age, it may be time for a wholesale review, focussed as much on how the law is applied, and the mechanism used to resolve disputes, as on what the law says. . . “This short report is, in effect, a report to our successors on the next Justice Committee. It sets out views on aspects of family law covered in the 2006 Act they may wish to consider in more depth in the next session.” Parental Rights and Responsibilities The practical application of the child law provisions in the Act was central to the post-legislative scrutiny. The main discussion of this section of the Act centred around whether unmarried fathers continue to be discriminated against and whether the legislation facilitates an amicable separation. Christine Graham said, “Everyone agrees that the welfare of children should be of paramount importance within family law. However, it appears that the current legislative framework can give rise to adversarial disputes which can make a bad situation worse. Whether that is down to how the law is framed or how it is applied is open to debate. “Overall though it is clear that the way in which the Scottish legal system handles family law cases involving children raises strong and conflicting views.” Ian Maxwell of Families Need Fathers said, “We are very grateful to the committee for undertaking this short, sharp exercise. The committee acknowledges that its conclusions are therefore more in the nature of observations than recommendations.” Contact Family Law Glasgow No matter what kind of family law problem you are facing, you do not have to face it alone. Contact Family Law Glasgow today by completing our enquiry form.
Recent Case Demonstrates the Importance of Guardianship Orders
A recent Court of Session case has demonstrated the importance of Guardianship Orders when someone becomes unable to take care of their own affairs. Mary Gallacher died on the 31 March 2011 at the age of 96. She had been suffering from advanced dementia at the time when she signed a deed of disposition to transfer the ownership of her home to other family members. Her niece, Shelia Ritchie, was the executor of the estate and sought a reduction of this disposition on the basis that her aunt was incapax (lacking capacity) when the property was transferred. The executor is the person nominated by the deceased to wind up the estate by making a calculation of the estate, paying debts and paying out to the beneficiaries in accordance with the will and succession law. Ms Ritchie argued that her aunt did not have the mental capacity necessary to grant the disposition due to her dementia. After hearing evidence from various medical professionals, the Judge, Lord Clarke, ruled that Ms Gallacher did not have the necessary mental capacity to transfer the ownership of her home and granted a deed of reduction. Lord Clarke said, “In all the foregoing circumstances I have reached the clear conclusion that, on the evidence, the pursuer has established her case that on the balance of probabilities, the deceased, on 2 July 2007, did not have the necessary capacity to grant the disposition.” Guardianship Orders Situations where a family member is losing the ability to handle their own affairs can be incredibly challenging and upsetting. A Power of Attorney allows a person to transfer the authority to another person to take care of their affairs. This may be because they are leaving the country for some time but is most commonly used in situations were age, illness or disability are making it more difficult for the person to make decisions about financial and legal matters. If a Power of Attorney is not in place, then a Guardianship Order must be sought to look after the affairs of a person who has lost capacity. Legal aid is automatically available in Guardianship Order cases, and although many law firms now refuse to take such cases on a Legal Aid basis, Family Law Glasgow is happy to do so. Legal Aid may also be available for the initial costs involved with getting a Guardianship Order application started. A Guardianship Order application will typically be made by someone who is a close family member of the adult who has lost capacity, but it can be done by anyone who has an interest in the adult. Being someone’s guardian is a considerable responsibility. Having financial duties, welfare duties or both is possible. Guardians with financial duties are supervised by the Office of the Public Guardian. An inventory and management plan must be submitted to the Office of the Public Guardian to ensure that guardianship powers are not being abused. Contact Guardianship Order Solicitors Glasgow Contact our friendly and warm team today to discuss Guardianship Orders and find out how we can help you. Fill out our online enquiry form.
Civil Partnerships for Heterosexual Couples?
A heterosexual couple have lost their legal battle to be allowed to enter into a civil partnership. Rebecca Steinfeld, 34, and Charles Keidan, 39, are both academics who live in Hammersmith, west London and are engaged and have been in a relationship for over five years. The couple also have a young son together. The couple feel that they cannot get married as they view marriage as a patriarchal institution. The couple have launched a change.org petition which has gathered over 65,000 signatures from supporters. On the petition website, the couple make it clear they would not feel comfortable gaining legal recognition of their relationship through marriage, ‘From a personal perspective, the legacy of marriage – that it treated women as property for centuries, excluded same-sex couples until 2014, and still leaves room only for fathers’ names on marriage certificates – means that marriage is not an option for us. We want to raise our child as equal partners and feel that a civil partnership – a modern, symmetrical institution – sets the best example for her.’ Under current laws, civil partnerships are only available to same sex couples. Steinfeld and Keidan challenged this on the basis that it infringed their Article 8 right to a private and family life. They argued that they were being denied the ability to gain legal recognition of their relationship. The judge did not agree with the couple’s claims and said, “This is not a case where they cannot achieve formal state recognition of their relationship, with all the rights, benefits and protections that flow from such recognition; on the contrary, it is open to them to obtain that recognition by getting married.” However, the judge did give the couple permission to appeal, and they vow to continue their fight. The judge also imposed a limitation on the couple’s liability for the government’s legal fees, should they be unsuccessful. Cohabitation With so many of us choosing to cohabit, this case has opened an important discussion about the legal protections and recognition available to couples who choose not to marry. Many couples consider marriage to be an outdated institution that does not reflect their relationship. Many couples will move in together and never get around to marrying. Cohabitation numbers are expected to continue to rise but there are little protections in place currently. In you are in a cohabiting relationship you should consider a cohabitation agreement. This allows you and your partner to discuss matters and come to an agreement about who will get what if you separate in the future. It might seem unromantic to think about splitting up as you are looking forward to living together. However, having a cohabitation agreement in place could make any future separation much easier and could help to prevent unnecessary stress at a very difficult time. Cohabitation Lawyers Glasgow Contact our expert team today by completing our online enquiry form to discuss cohabitation agreements.
Succession (Scotland) Bill Passes Final Stage
Succession law touches the life of every person in Scotland as most people will inherit something over the course of their lives and most people will leave some money or possessions behind when they die. Succession law in Scotland has long been accused of being out of step with modern society and in dire need of reform. The Scottish Law Commission, a body which recommends ways to improve, simplify and reform the laws of Scotland, put forward reports recommending changes in 1990 and 2009. The areas of succession law that they highlighted as being in the most pressing need of update were intestacy, cohabitation and disinheritance of children. These reports formed the foundation of the Succession (Scotland) Bill which recently passed its final stage in the Scottish Parliament. Perhaps the most significant change that will be brought by the new legislation is that ex-spouses and ex-civil partners will no longer be able to inherit from their former partner’s estate unless there has been express provision made for them in the will. The Bill also tackles the problem of many small estates in Scotland being all but extinguished and leaving no money to beneficiaries due to the need to instruct a solicitor. The new law will better protect the beneficiaries of small estates. Other reforms include protections for trustees and executors and the right to claim the expense of mourning. Further Reforms Needed However, although these reforms have been widely well received, it is clear that further reforms of family and succession law are needed, particularly for the laws surrounding cohabitation and intestacy. Cohabitation is defined as two people living together as if they are married or civil partners. With almost 30% of adults in the UK in a cohabiting relationship, this is the fastest growing type of family in the country. The Family Law (Scotland) Act 2006 recognised this growing societal trend by making it possible for cohabitants to make a claim on their partner’s estate if their partner died without making a will. However, in reality, this can be difficult as it involves the stress and expense of going to court with no guarantee that the court will make an award. Why You Should Write a Will When someone dies without making a will, they are described as having died “intestate.” Intestacy in Scotland is very high with a recent survey of adult Scots revealing that only 37% of adults having made a will. If you do not write a will before you die, your estate will be split up according to the Rules of Succession. Writing a will allows you to communicate what you want to happen to your property once you die. This means that you could leave money or property to your partner or even a charity you cared a lot about. Further succession law reforms have been tabled, but it remains advisable to write a will. Will Lawyers Glasgow Family Law Glasgow are a friendly team of family law experts. Contact us today to find out how you can put your mind at ease about the future with a will. If you would like to know more about how our team can help you contact us online.
Gary Lineker Granted a ‘Quickie’ Divorce
Last week the former Leicester City, Barcelona and England striker, Gary Lineker, announced that he was divorcing his wife, Danielle Bux, who he had been married to since 2009. Lineker had previously been married to Michelle Cockayne, who he had four children with. Reports have suggested that the split is due to the age gap between the couple. Bux is 36, and Linker was said to feel too old to start a new family at the age of 55. Celebrity divorces are of course nothing new, but they are usually synonymous with a stressful court battle and press speculation about how much money one party may be in line for. In this case is the divorce appears to be amicable. This cannot be said of many high profile divorces. Linker issued a statement to say, ‘Thank you all for your kind words. Danielle Bux and I had many wonderful years together. We remain very close and the greatest of friends.’ Danielle Bux reiterated this with, ‘We have shared the most incredible 8 years that I will always cherish. We will remain the best of friends.’ The couple’s decision to opt for a ‘quickie’ divorce has attracted the attention of many commentators in the press. Some find it unusual that someone of Lineker’s wealth – thought to be around £30millon – would choose this option. In England and Wales a ‘quickie’ divorce is cheap, fast and can even be done without the help of a solicitor. In Scotland, if you and your spouse are able to agree on the grounds for the divorce and the financial matters, you may be able to get a ‘quickie’ divorce. Separation Agreements Although not necessary to divorce in Scotland, many couples start the process with a separation agreement, also called a Minute of Agreement. This is a contract that settles the practicalities of separation such as who the children will stay with, how household bills will be paid and what will happen to any savings the couple had. Some couples come to an informal agreement between themselves, but given that a separation agreement is a legally enforceable document that governs what happens to your children and finances, you may wish to seek advice from a specialist family lawyer before you sign anything. Having a separation agreement in place will often make a later divorce quicker and cheaper as all of the principal matters will have been settled. Quickie Divorce in Scotland To divorce in Scotland, you will need to demonstrate that your marriage has ‘irretrievably’ broken down. This can be shown by separation for one year when both parties consent to the divorce, separation for two years, adultery or unreasonable behaviour. The divorce procedure that you can follow will depend on your precise circumstances. If you have no children under the age of 16, are divorcing on the basis of non-cohabitation, and neither party is making a claim for financial provision, you can get a DIY or ‘quickie’ divorce. This procedure is quick and inexpensive. Ultimately, the more you are your spouse are able to work together, communicate and agree, the easier a divorce will be and the faster you will conclude matters. Contact Divorce Lawyers Glasgow Divorce can be an incredibly stressful and challenging time for a family. Family Law Glasgow understands this and our trusted local solicitors can support you through the process. If you would like to know more about how our team can help you, please call us on 0141 413 0527 or contact us online.
Glasgow Divorce Statistics Revealed in New Government Survey
The Scottish Government recently released statistics on divorce rates throughout Scotland. The data came from the Scottish Survey’s Core Questions which pooled three major surveys. With 21,000 people interviewed, this is one of the largest surveys of its kind in Scotland and hopes to produce unprecedented insights into the lives of Scots. The survey revealed that divorce rates in Glasgow are at 3.6 percent, slightly above the 2.8 percent national average. However, Glasgow ranks behind Shetland, South Lanarkshire and Perth and Kinross as the area with the highest divorce rate. The data also revealed that Glasgow has the highest rate of non-married people, with 47.2 percent of adults in Glasgow describing themselves as “never married singles”. Whilst marriage rates are falling, numbers of cohabiting families are continuing to rise. In 2012 there were 5.9 million people cohabiting in the UK, double the 1996 figure. This trend is predicted to continue. Stuart Valentine, the Chief Executive of Relationships Scotland – an organisation that provides relationship counselling and family support, pointed to modern technology as putting extra pressure on relationships. He said, “The normal issues of relationship difficulties can come from a whole range of different factors – from compatibility issues to infidelity, to financial pressures. “But new technology can put an additional strain on relationships in terms of the availability of meeting other people through the internet, internet pornography – the issue of sex on the internet can be very difficult for couples.” The Citizens Advice Bureau also voiced concerns about the high rates of divorce in some parts of the country. Divorcing in Scotland In Scotland most separating couples will start divorce proceedings with a Minute of Agreement. This is more commonly referred to as a Separation Agreement and is a contract that sets out the terms of the separation. A Minute of Agreement will typically cover what will happen to the property the couple lived in, the separation of debts and savings and the living arrangements for any children of the couple. A Separation Agreement is likely to be held as legally binding and enforceable by the courts, so you may wish to consult with an experienced family lawyer before you come to any arrangement about your home and finances. The most common ground for divorce in Scotland is “irretrievable breakdown”. This can be proved by living apart for one year if both parties agree to the divorce, living apart for two years if one party does not agree to the divorce, unreasonable behaviour or adultery. The divorce procedure that you follow will depend upon your circumstances. A Simplified, or “quickie” divorce is available to couples who have no children under the age of sixteen and can agree about the terms of the divorce. This procedure can be quick and inexpensive. Couples who do not meet this criteria would follow the Ordinary Procedure. Family Law Glasgow Divorce Lawyers Family Law Glasgow is operated on behalf of Austin Lafferty Solicitors. We are a friendly and trusted team of divorce lawyers who work hard to protect our clients’ interests. Contact us today to discuss divorce and separation in confidence. If you would like to know more about how our team can help you, please call us on 0141 413 0527 or contact us online.
New Scottish Government Framework on Palliative Care
Last week the Scottish Government published the Strategic Framework for Action on Palliative Care and pledged that palliative care will be available to every Scot, regardless of the patient’s age, diagnosis or postcode. The Scottish Government has invested £3.5 million in this policy and have set out their plans for the next 5 years. The Framework also aims to create a more open discussion around death, dying and bereavement. With a continuously ageing population, the need for end of life support has never been greater. In 2014 there were an estimated 910 people aged 100 or older. This is a 78% increase in the number of centenarians in 2004. Life expectancy in Scotland has risen to 76.8 for men and 80.9 for women. Praise for New Health Policy The publication of the framework was met with widespread praise from charities and health organisations. Richard Meade, the Head of Policy and Public Affairs at Marie Curie said, “Marie Curie welcomes the publication of the Strategic Framework for Action on Palliative and End of Life Care and its commitment to ensure that everyone in Scotland has access to palliative care when they need it. We now look forward to working with the Scottish Government, NHS Boards, Local Authorities and other partners to deliver on this ambition.” Legal Support for Older People As we all live longer, we want to live full and active lives for as long as possible. However, many people are concerned about want will happen if they become unable to look after themselves in the future. Some people worry about what will happen to their property once they die and what will be left for their family and friends to inherit. It can be difficult to talk about these highly personal matters with our families as we don’t want to upset the people we love. However, taking time to discuss these matters now can make the future clearer and make any situation where you need care easier to deal with. Power of Attorney A Power of Attorney gives someone of your choosing the ability to sign documents on your behalf and make decisions about matters regarding your finances and care. This is a relatively straightforward process. If you do not have a Power of Attorney in place and you need someone to carry out a legal transaction on your behalf, e.g. sell your home to pay for your care, then you might need to seek a Guardianship Order or Intervention Order which can be much more expensive and difficult to attain. Having a Power of Attorney in place can make a difficult time much easier on you and your family. Writing a Will Writing a Will allows you to state what you want to happen to your property once you die, in accordance with succession law. You could set up a trust to benefit younger family members, leave a possession to a particular person or give money to a charity that has meant a lot to you. None of this is possible without a will. Family Lawyers Glasgow Family Law Glasgow are friendly and trusted lawyers who provide legal support to elderly people. If you would like to know more about how our team can help you, please call us on 0141 413 0527 or contact us online.
Who is to Blame in Divorce?
Divorce is often portrayed as combative, aggressive and adversarial. Currently in England and Wales, divorcing couples need to prove the irretrievable breakdown of their marriage through adultery, unreasonable behaviour, desertion, two years separation with consent or five years separation without consent. Many people believe this system makes it difficult for separating couples to have a constructive and collaborative divorce. This is not the case in Scotland where it is easier to divorce in a way that does not require you to apportion blame on your former partner. No Fault Divorce Bill Richard Bacon, the Conservative MP for South Norfolk, has presented a No Fault Divorce Private Members Bill to the House of Commons. This Bill is due to receive a second reading on the 22nd of January. The Bill intends to introduce the possibility for a court to grant a divorce if they are satisfied that there has been ‘an individual statement from each party that the marriage has broken down irretrievably, signed freely and independently.’ Mr Bacon disagreed with criticism that this would make divorce easier. He argued that a no fault option would create a more constructive divorce process by removing the need to ‘throw mud at each other.’ No Fault Divorce Bill Reaction Resolution, an organisation dedicated to the constructive and non-confrontational resolution of family law disputes, applauded the aims of this bill. As pointed out by the Chair of Resolution, Jo Edwards, ‘Removing the blame from divorce, as proposed in Richard Bacon’s bill, would help couples who both wish to bring their relationship to a dignified conclusion and move on with their lives without the need for accusatory mud-slinging. This outdated system needs urgent revision – a civilised society deserves a civilised divorce process.’ Research was also commissioned into no fault divorce by leading London family law firm, Vardags. They found that 85% of people surveyed supported the idea of no fault divorce. Ayesha Vardag, the President of the firm, commented that, ‘forcing decent human beings through an expensive, destructive, utterly artificial exercise in mudslinging just to salve the consciences of the anti-divorce lobby is incredibly damaging, especially to the family, and sets the tone for battle not brokering.’ How Do You Divorce in Scotland? The situation is arguably better in Scotland as the process helps to facilitate negotiation and collaboration. When couples separate in Scotland they normally start with a Minute of Agreement, more commonly referred to as a Separation Agreement. Some couples come to an informal agreement between themselves and other couples will instruct a lawyer to draft a Separation Agreement. Separation Agreements will normally settle the everyday practicalities of separating from the person you having been living with such as the mortgage, debts and who will live in the family home. This agreement is arrived at through a process of discussion and negotiation between both parties to the marriage. Separation Agreements are likely to be held by the courts as legally binding documents so you may wish to consult with an experienced family lawyer before entering into one. The most common ground for divorce in Scotland is irretrievable breakdown. This can be proved by living apart for one year if both parties agree to the divorce, living apart for two years if one party does not agree to the divorce, unreasonable behaviour or adultery. If you both agree to the divorce and have no children under the age of 16 then you can follow the Simplified Procedure. This option is cheap, fast and only requires minimal input by lawyers. This means that in Scotland, as long as both partners are able to agree about financial matters and agree to the divorce, it is possible to divorce in a constructive manner without attributing blame to the other party. Call us today on 0141 413 4735 or fill our our online enquiry form.
Why You Should Write a Will
Succession law is an area of law that we can all be sure we’ll come into contact with. At some point, most of us will inherit from parents or a spouse and we will all leave something behind when we die. It’s easy to push away thoughts about what will happen to your property, possessions and money after you pass away. It’s not a pleasant thing to think about and you might avoid bringing up the subject with family members for fear of upsetting them. However, there are many compelling arguments for confronting this topic and writing a will. Succession Law Reforms When a person leaves a will they are described as having died ‘testate’, and subject to certain legal requirements, their wishes will be carried out. When a person dies without leaving a will, they are described as having died ‘intestate’, meaning that what they leave behind will be distributed according to Scottish intestacy laws, known as the rules of succession. However, many people consider the current rules of succession to be at odds with modern society and unfair for some parties. The Scottish Government is currently in the process of reforming these rules of succession. The Succession (Scotland) Bill was introduced earlier this year following a long process of consultation with the Scottish Law Commission and other bodies. Some proposed changes such as removing the distinction between heritable property (land and buildings) and moveable property (everything else, including money, shares and possessions) were well received because it is hoped that this may make the division of property fairer. However, the Law Society of Scotland recently expressed concerns that some of the suggested reforms could work to effectively disinherit the children of the deceased. The Law Society argued that the share of the property that is being proposed to be left to the spouse is too high and would leave little or nothing for the children. Write a Will to Communicate Your Wishes There will be further discussions and consultations before any reforms come into effect. However, the fact remains that the only way to be sure that your property will be distributed in the way you would wish is to write a will. You might want to bequeath a personal possession to someone you cared about or leave money to a charity that was important to you. Without a will, these wishes cannot be enacted. If you write a will you can decide, subject to succession rules, exactly what will happen to the property you have accumulated over your lifetime. You can also choose a person you trust to be your executor. The executor is the person who will calculate the value of your estate, settle your debts and distribute your estate to your beneficiaries. You may find it reassuring to know this responsibility will be carried out by someone you trust. A close relative’s death can be one of the most difficult times for a family. You can help to make this time easier for your family by writing a will. This usually allows the estate to be wound up faster and can save any unnecessary heartbreak. Expert Will Writing from Austin Lafferty Solicitors The family law team at Austin Lafferty Solicitors are experienced in working closely with clients to draft a will that clearly and unambiguously communicates what they want to happen to their property after their death. We also provide expert executries advice and support. Contact our family law solicitors on 0141 811 0228 or complete our online enquiry form.
Russian President’s divorce confirmed
Officials have confirmed that Russian President Vladimir Putin and his wife of thirty years, Lyudmila Putina, have divorced, reports the BBC. The announcement was not unexpected – the couple revealed in June last year that they were splitting up. According to the Independent, Mr Putin explained on a TV show at the time: “It was a joint decision: we hardly see each other, each of us has our own life.” In the same interview Lyudmila said that the divorce would be “civilised” and the two would “always remain close”, reports the BBC. The couple have two daughters, both of whom are in their mid to late twenties. Contact our Family Lawyers in Glasgow If you require divorce advice or would like to find out more about our specialist family law services call us today on 0141 811 0228 or fill out our online enquiry form.
