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.
matrimonial property
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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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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Do I really have to pay for half of my spouse’s secret credit card debt?
The breakdown of a marriage or civil partnership can often bring with it some nasty surprises. This applies equally to your finances as it does to other aspects of your relationship.
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Inheritance, Gifts and Divorce – what you need to know
If you have ever received an inheritance or gift you will be well aware that these items can very often hold great sentimental value. However, not only can they hold a place in our hearts, these items can also hold significant economic value. [Read more…] about Inheritance, Gifts and Divorce – what you need to know
You Keep Yours and I’ll Keep Mine
Imagine, in the course of negotiating your divorce settlement, you tell your partner that they can keep one of their biggest assets and they don’t have to give you anything in return. Doesn’t sound like a good idea, does it? [Read more…] about You Keep Yours and I’ll Keep Mine
When is Generosity a bad thing?
The scene in Love Actually where Emma Thomson’s character receives a Joni Mitchell CD for Christmas is heart-breaking. Shortly before she had discovered an expensive necklace in her husband’s pocket and is faced with the realisation that he is buying expensive and thoughtful gifts for another woman and not for her.
