Divorce and Separation
Whether you are married or living with someone, our comprehensive, confidential advice can guide you through the difficult process of separation.
Wherever possible, we encourage clients to resolve financial issues without resorting to litigation. We have a high success rate in negotiating favourable separation agreements on behalf of clients.
Sometimes negotiation does not achieve the desired result and it becomes necessary to take matters further. We regularly conduct contested divorce actions in both the Court of Session and the Sheriff Court, and can advise you on which would be most appropriate. Our familiarity with the Court of Session - and the advocates who present cases there - allows us to ensure that our clients always have counsel of the highest quality.
The law relating to financial provision on divorce has recently become more complex. Below are some of the issues couples must resolve.
Business valuations - Valuing a shareholding in a business is often a matter of dispute between couples. Through our close association with leading forensic accountants, we can support our clients' position with the weight of recognised expert opinion.
Business partnerships - Separation is particularly difficult when a couple are also business partners. As well as family law, a thorough knowledge of partnership law is essential for a clean break. We can call upon that expertise in-house to ensure that clients receive necessary comprehensive advice.
Pension sharing - The inclusion of pension funds in financial awards has added a new dimension to negotiating settlements. We have our own pensions experts and can liaise with consulting actuaries to achieve creative solutions for dividing matrimonial property.
Tax issues - We regularly consult with our tax solicitors to ensure that clients have the best possible advice as to how taxation will affect the settlement of divorce actions.
Cross-border issues - Divorce law in Scotland differs from that in England, and sometimes both countries have jurisdiction. One of our partners is dual-qualified in Scotland and England, and we are therefore well placed to advise clients on the best place to have their case heard.
For further information contact Alasdair Loudon.
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Associated Personnel
- Partners
- Philippa Cunniff
- Alasdair Loudon
- Associates
- Gillian Crandles
- Senior Solicitors
- Alison Fraser
- Sally Liddell