Family Law

The field of Family Law is constantly changing and evolving, becoming more complex and wide ranging almost daily. What does, however, remain constant is the level of experience and expertise within our Family Law Team. Duncan Love, Graham Garden and Susan Waters have in excess of 60 combined years experience in this area of the law which they use as they strive to guide clients, who can be facing highly emotional situations, in a sympathetic and efficient manner. We recognise that every client is different and that their problems require a unique solution whether this be through the more traditional methods of approaching such matters or through the practice of Collaborative Law or Mediation.

Divorce/Separation. The breakdown of a marriage, civil partnership or a relationship where two people simply live together, is extremely stressful for both parties. Numerous issues require to be addressed, some of them immediately. James & George Collie and their team of Family Lawyers can guide you through the minefield which you may face and help you to deal with all financial aspects following separation including claims for a Capital Sum, Aliment for yourself and any children, a Periodical Allowance after Divorce, your entitlement to a share of your spouse’s Pension and, indeed, Property Transfer Order. They can also assist you to reach agreement regarding the arrangements for your children after separation including Contact with the parent without full care and control as quickly and effectively as possible. It is our firm’s aim that wherever possible Court will be avoided unless absolutely necessary and at all time will seek to resolve matters through negotiation or through Collaborative Law or Mediation.

Pre-Nuptial/Cohabitation Agreement. With more people nowadays entering their second or subsequent marriage, or, indeed, deciding simply to live together rather than committing to marriage, it makes sense that the couple put their affairs in order. Advice can be given regarding the wide ranging matters which can be covered in either a Pre-Nuptial or Cohabitation Agreement to regulate the couples rights and obligations. It is clearly better and, indeed, less costly from an emotional and financial perspective to face these issues before problems arise rather than after.

Collaborative Law/Mediation. The practice of Collaborative Law differs significantly from Mediation. In Mediation, one individual, often a Solicitor, will act as Mediator either himself or with a colleague and will assist the couple to reach agreement regarding the issues in dispute. Legal advice is not given by the Mediator and it is essential in the Mediation process for each party to retain their own Solicitor for receipt of that independent legal advice. Following the successful conclusion of Mediation, the parties Solicitors will prepare an Agreement recording what has been agreed. In Collaborative Family Law, each party retains their own trained Collaborative Solicitor to assist in negotiating agreement on financial and, if relevant, child related issues. This differs significantly from “traditional” methods of resolving family disputes in that all negotiations take place in “four way” meetings at which the clients actively participate. Furthermore, the parties contract at the very outset of the process not to take their dispute into Court. It is the aim of all who enter the Collaborative Law process to achieve settlement without going to Court or, indeed, threatening to go to Court. Again, when settlement terms have been agreed, the Solicitors acting for the parties will draw up an Agreement recording the terms of that agreement.

Children Adoption and Children’s Hearings. When any issues arise revolving around a child, it is essential that experienced and trusted advisors, who are fully aware of the options available, are retained as soon as possible. Our Lawyers have extensive experience of dealing with Residence and Contact disputes in relation to assertion of parental rights and obligations, preparation of Bar Reports and acting as Court appointed Lawyers on behalf of children in Court throughout Scotland. They also regularly appear before Children’s Panels and Sheriff Courts in appealing decisions of Children’s Panels.  

For information and advice please contact Graham Garden by email or by telephone 01569 763555, alternatively contact Duncan Love by email or by telephone 01224 581581 or Susan Waters by email or by telephone 01224 581581.
 

 

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The end of the road?

Sympathetic and professional advice in difficult times

JG Collie Aberdeen
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