The news of the deaths of Emma Pattison and her daughter Lettie, believed to be at the hands of Emma’s husband and Lettie’s father, has led to shock waves and widespread condemnation in the media and society. In her tribute to her friend and colleague the head of the Girls Day School Trust, Cheryl Giovannoni, made the chilling comment that ‘it doesn’t matter how brilliant or successful a woman is she is only as safe as her male partner allows her to be’. Her comment highlights the fact that domestic abuse has no niche and indeed transcends society. It also brings into sharp focus the fact that in many instances children are not protected in these relationships and indeed can be victims themselves. This interplay between domestic abuse and child contact is the subject of a study by the Scottish Centre for Crime and Justice Research published just this month.
Advantages of a prenuptial agreement
It is fair to say that we are living through a time of uncertainty. The pound has fallen against the dollar following the resignation of Prime Minister Liz Truss. Alongside a cost of living crisis and the sharp rise of inflation, the economic landscape of the UK is rather bleak.
How do separated parents do holidays?
School’s out for summer
Holidays are here again…The start of the summer holidays marks great excitement for many children across Scotland this week. However, some of their parents may not feel the same way. Holiday time can be very stressful for parents and carers who can be juggling work and/or other commitments with providing care for their children. It can be particularly difficult for parents who are separated. When organising holidays these parents may be trying to accommodate not only their own schedules, those of their children and their former partners, but potentially also those of any new partners, their children and the new partners’ former partners! It can, therefore, all become very overwhelming.
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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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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The benefits of employers implementing a fertility treatment policy for staff
Marking National Fertility Week our colleagues in the BTO employment team summarise some of the key employment rights and guidance relating to fertility in the workplace.
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Step Parent Adoption
With many parents and children living in blended families, a question that will often arise is whether legal steps should be taken by a step parent to adopt the child of their partner/spouse or civil partner. [Read more…] about Step Parent Adoption
Child Abduction and Children’s Views
Senior Associate Morven Douglas looks at a recent case that allowed the appeal of a mother who had wrongfully removed her daughter from Poland to Scotland, and what this means for future child abduction decisions. [Read more…] about Child Abduction and Children’s Views
Cohabitation Claims on Death
When The Family Law Scotland Act 2006 came into force it abolished the ability for couples to begin to establish marriage by way of cohabitation with habit and repute. Despite that being some 14 years ago I still, every so often, come across someone who believes that they have a “common law marriage.”
