Experiencing a divorce is challenging for all members of the family. Specialist support and guidance from the right solicitor, can help you resolve conflict, mediate and come to an agreement on the care arrangements for your kids during divorce.
Divorce and separation are an emotional process for everyone, it can become more difficult when children are involved. That is why specialist legal advice in imperative.
Judith Higson, Associate Director of Scullion LAW explains: “A client could come in with both financial issues and care arrangements for children to be resolved, it’s common to have both running side by side.”
During divorce proceedings a solicitor can help to resolve conflict, communicate your wishes to your ex partners solicitor, advise you on the law and ultimately help you reach a fair settlement.
In Scotland, you can seek a divorce one year after separation with the consent of your partner. If they do not consent this time period rises to two years.
It is possible to seek a divorce within the first year of separation if there are fault grounds for divorce, this includes things like adultery or other unreasonable behaviour.
“Fault based grounds result in the other person being blamed for the breakdown of the marriage,” explains Judith.
“If people don’t agree with the unreasonable behaviour set out in the court proceedings, they can defend the proceedings and the cost increases quickly.”
The time it takes to reach a settlement is unique to each case, which is why advice from a solicitor is important.
Judith recommends: “Valuing all of your assets and liabilities at the date of your separation builds a picture of what there is to be divided and each party disclosing the value of assets ad abilities they act have is a sensible way of reaching a settlement. Once that has been achieved the divorce itself is simply a paperwork exercise.”
As part of reaching a settlement, it is often important to find a way to communicate what will benefit your children once your divorce is finalised.
Judith recommends keeping a book you can both use detailing how the kids were during each respective visit, and any issues your former partner should know about. “It allows people to communicate indirectly if a couple cannot communicate in a face to face way,” she continues.
Your solicitor can also monitor emails or advise, guide and support you in meetings.
It is important to discuss issues like where your child will live then explain this to your child together. Judith explains: “
Children will adjust better if their parents communicate with one another and with them, putting their own differences aside to focus on what is best for the kids. We can support and give guidance on what to say and how to say it.”
Along with helping to resolve conflicts which arise during the separation and divorce process, Scullion LAW can help you to focus on what is best for your children during and after separation and divorce – which is what all parents want, in the long run.