Every year, thousands of couples across Scotland face the difficult decision to divorce. The end of a marriage can be a stressful and emotional time, especially when there are children involved. But with the right advice and support, it doesn’t have to be as complicated or costly as you might fear. As family law solicitors, Gibson Kerr are here to help you navigate this challenging journey and make a fresh start as smoothly as possible.
Here’s some practical advice to help guide you through the divorce process.
Putting Children First
Divorce can be especially hard on children, but they are often more aware of the situation than we think. It’s essential to be open and honest with them, explaining what’s happening in a way they can understand. If possible, have this conversation together as parents – it shows a united front and helps your children feel more secure.
Reassure them that, although things are changing, they are still loved and that many aspects of their life will stay the same. Their well-being should always be a top priority.
One of the first things to agree on is where your children will live. Many parents in Scotland arrange to share care equally, with children spending time with both parents. If you can’t agree, the court can intervene. In general, the court will encourage contact with both parents, unless there’s a compelling reason why that wouldn’t be in the child’s best interests.
Sorting Out the Practicalities
Once you’ve informed family and friends, it’s time to deal with the practical matters. This can feel overwhelming, but tackling it early can help you move forward more easily.
If you have joint bank accounts, consider closing them or transferring the funds to one person’s name. You’ll also need to notify your landlord, mortgage lender, utility companies, insurance providers, and the tax office of your change in circumstances. While it may seem like a lot of admin, getting it all done in one go will make it feel more manageable.
Financial Arrangements
In Scotland, when you’re married, both spouses are legally obligated to provide financial support for one another. If you’re separated, you may be entitled to receive financial support (called aliment) from your spouse while the divorce is pending.
It’s always better to agree on financial matters outside of court if you can. If you can reach an agreement on maintenance payments or dividing assets, it can save time, money, and stress. If you can’t agree, the court will make a decision based on what’s fair and reasonable for both parties.
What About the Family Home?
The family home is often the most contentious issue in a divorce. Legally, you’re both entitled to live in the family home until a court orders otherwise. If you can’t agree on who should remain in the house, the court will decide.
If you rent and have a joint tenancy, you’ll need to decide who stays in the property and who will look for a new home. If you can’t agree, the court can transfer the tenancy to one person’s name. If there are rent arrears, the court will also decide who is responsible for them.
Seek Expert Legal Advice
Divorce can be complicated, and expert legal advice is vital to ensuring your rights are protected. A family law solicitor can explain your options, help you understand the legal process, and guide you through the divorce, whether it involves children, finances, or property.
At Gibson Kerr, our experienced family law solicitors can offer you not just expert legal support, but also understanding and empathy during this challenging time. We’ll help you make the right decisions for your future, whether that means negotiating outside of court or representing you in court proceedings.
Let’s Talk
If you’re facing divorce or separation, or if you just need advice on your options, we’re here to help. At Gibson Kerr, we can guide you through every step of the process, ensuring that you and your family have the best chance of moving forward successfully.
Call us today at 0131 202 7516 or email edinburgh@gibsonkerr.co.uk.
Visit our website: www.gibsonkerr.co.uk
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