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Divorce And Separation
Lawyers and solicitors in Motherwell can assist you in resolving Family law issues arising during a divorce or separation, including financial disputes and issues surrounding children. For anyone going through a separation or divorce, it can be a very difficult time. Divorce and separation can often be upsetting and it can also lead to major upheaval to your personal circumstances not only financially but also in terms of your living arrangements and in relation to care of children.
It is always advisable to seek out legal advice from a lawyer who is experienced in dealing with divorce and separation in order that you are able to be properly advised about your rights prior to finalising any agreement with your ex-partner. It is also important that your solicitor is able to listen to you to ensure you receive the advice you need to achieve the outcome you want. Some of the lawyers listed on this site are able to provide expert advice on all areas of family law including issues relating to divorce and separation.
Family lawyers and solicitors can provide you with legal advice in connection with all issues in relation to a divorce or separation such as:
- Separation Agreements: – These are written agreements which set out the basis of any agreement that is reached about how matters are to be resolved following a separation
- Financial Rights on Divorce or Separation:- There are different rules to regulate your financial rights following from a separation depending on whether or not you were married. A lawyer will be able to advise you of your rights and your options as to how to resolve things.
- The Matrimonial Home:- There are specific rules which can allow a spouse to continue to reside at the former matrimonial home after separation even if they are not registered as the owner or tenant of the property. There can also be financial rights in the property to be taken into account including ownership of the property or the responsibility for making mortgage payments.
- Care of Children including Contact and Residence:- Issues relating to the care of children are decided based upon what is in the best interests of the children. Various factors can be relevant in considering what is in a child’s best interests and a solicitor will be able to advice you about your options if there are problems regarding childcare arrangements
- Divorce:- An application for divorce requires to be made through the courts. There are different rules and procedures that apply to actions of divorce depending on the circumstances and your lawyer will be able to provide you with further information about the best way to progress things for you.
- Interdicts and Exclusion Orders:- These can be used to exclude someone from a property or to prevent one party behaving in a way that is deemed unacceptable. These can be particularly relevant where there are issues of domestic abuse.
The law can have an important role to play in relation to issues of the care and welfare of children. The courts always decide issues relating to the contact and residence of children by placing the best interests of the children above everything else. There are a number of key areas where lawyers and the court system can be very important when considering issues relating to children:
- Contact Between Children and their Parents:- There can often be problems in agreeing arrangements in relation to contact between a child and its parents. If parties are unable to agree things then a lawyer can help you reach an agreement. Alternatively, your solicitor may be able to apply to court to regulate contact arrangements to ensure that contact can operate in the child’s best interests.
- Residence Arrangements for Children:- As well as contact, there can also sometimes be a dispute regarding the living arrangements of a child. Where a child stays is decided based upon what is in the child’s best interests and your lawyer will be able to advise you further about the options available if you have concerns regarding the residence arrangements for you child or children
- Parental Rights in Relation to Children:- Parental rights relate to things like decisions about a child’s healthcare, education, residence arrangements and other matters affecting the child’s welfare. The law changed in 2006 when new legislation regarding parental rights came into force. The new legislation meant that fathers named on a child’s birth certificate have automatic parental rights in relation to their child if the child was born after May 2006. However, before that, unmarried fathers did not have automatic parental rights, even if they were named on the birth certificate. It can therefore sometimes be necessary to apply to court for a court order allowing you parental rights in relation to a child and your lawyer will be able to advice you about the procedure for that.
- Grandparents Rights:- In most cases grandparents are able to see their grandchildren by agreement with the child’s parents. However, this is not always possible and the law does allow for the possibility of grandparents applying to court for an order regarding their grandchild but any order requires to be shown to be in the child’s best interests.
Often it can be difficult to agree upon what is in a child’s best interests, particularly if the parties have recently separated. It is therefore important that you should consult with a solicitor to ensure that are aware of your rights and so that your own views can be properly considered when trying to agree childcare arrangements. Some of the Solicitors listed on Motherwell Lawyers are able assist clients in Motherwell and surrounding areas such as Bellshill, Wishaw, Hamilton, Airdrie, New Stevenson, Coatbridge and Newarthill with a range of family law matters.
If court proceedings become necessary, then you lawyer will also be able to explain what is involved in that procedure and will guide you through that process. Hamilton Sheriff Court deals with family law court cases where jurisdiction lies in Motherwell, Hamilton, Bellshill, New Stevenson and Wishaw. Airdrie Sheriff Court is the court which deals with family law court cases where jurisdiction relates to Airdrie, Coatbridge or Cumbernauld. Lanark Sheriff court deals with family law cases in Lanark and the surrounding areas.