Summer 2022 is expected to be a boom season for families travelling abroad after the pandemic and restrictions put paid to many holiday plans for two years running.
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Cryptocurrency and Divorce
Although the concept of cryptocurrency may seem daunting and perhaps overly risky to some, there is no denying that interest in the cryptocurrency world is on the rise. With the increase in popularity of cryptocurrency in recent years, it has become a consideration for separating couples and a hot topic amongst Family Lawyers.
What is matrimonial property and why is the date of separation so important?
When a married couple (or those in a civil partnership) separate one of the first things that a family lawyer will try to ascertain is the “relevant date”. So, what is the relevant date and why is it so important?
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Cohabitation – What are the legal implications?
What does cohabiting mean?
Cohabitants are defined by s.25 of the Family Law (Scotland) Act 2006 as “a man and a woman who are (or were) living together as if they were husband and wife or two persons of the same sex who are (or were) living together as if they were civil partners”. Further, in terms of s.25, when determining if someone is a cohabitant, the court will consider “the length of the period during which the parties have been living together (or lived together), the nature of their relationship during that period, and the nature and extent of any financial arrangements subsisting, or which subsisted, during that period.”
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Business Valuation in Divorce Settlements – Establishing Fair Shares
Quantifying shareholding value can be challenging at the best of times but hypothesising a company’s value in a retrospective market can be even more taxing.
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Top Tips for Facilitating Handovers
This time of year, during the festive period, can often be particularly difficult for parents who are separated. The prospect of not spending the whole of your child’s Christmas celebrations with them can be daunting and highly emotional. This can understandably lead to tension between you and your ex-partner. In order to minimise the acrimony your child is exposed to when they are moving between their parents, we have noted some useful guidance, which may be of assistance where cases involve direct handover, below:
Financial Claims on Divorce, Lottery Winnings and Dissipation of Assets
Lottery winners occasionally appear in the news headlines with a photograph of the lucky winner usually posing with an oversized cheque, but it is not often lottery winnings are considered in the context of family law in Scotland. The recent case of J v J [2021] CSOH 67 came before Lady Wise in the Outer House of the Court of Session with one of the main issues being whether the assets and funds derived from lottery winnings were matrimonial property.
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The Importance of Children’s Views
Parents who have separated can, understandably, often find it very difficult to come to an agreement about the care arrangements for their children. So what happens if they simply cannot agree? Do they have to end up in an acrimonious court battle?
Why do we need marriage and civil partnerships?
Morven Douglas explains why same–sex and mixed-sex couples now have the same options available to them when formalising their relationships.
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Separation and Divorce as Lockdown Continues
Lesley Gordon reminds those thinking of separation and divorce that the BTO Family Law team continue to work remotely and have everything in place to assist clients even during lockdown.
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