Common Issues Handled by Matrimonial Solicitors in Glasgow

The end of a marriage or civil partnership can be a highly stressful and complicated time for all parties involved. One of the main roles of a matrimonial solicitor is to guide clients through the legal processes of divorce or separation. This includes filing the necessary paperwork, representing their interests in court if needed, and ensuring that the separation is legally binding. In Scotland, grounds for divorce typically include irretrievable breakdown of the marriage, unreasonable behaviour, adultery, or a separation period of at least one or two years, depending on the situation. These solicitors help ensure the process is as smooth as possible while protecting their client's rights.

When children are involved in a separation or divorce, the issue of custody and access rights is often one of the most contentious and emotionally charged. Matrimonial solicitors work with clients to reach agreements on where the children will live (residence), how much time the other parent will spend with them (contact), and other important decisions concerning the child's welfare. Solicitors will often mediate discussions between parents to try to reach an agreement without going to court. However, if no agreement can be reached, they will represent their client in court to ensure that the best interests of the child are prioritised.

The division of finances and assets can be one of the most complex aspects of divorce. Matrimonial solicitors are skilled in handling financial disputes, ensuring that assets such as the family home, savings, investments, and pensions are fairly divided. In Scotland, matrimonial property (assets acquired during the marriage) is typically divided on a fair and equitable basis, which may not always mean an equal split. Solicitors help negotiate settlements that protect their clients' financial future, ensuring that any maintenance payments (spousal or child) are set at a fair rate.

Pre-nuptial and post-nuptial agreements are becoming increasingly common as couples look to safeguard their individual assets in the event of a divorce. Matrimonial solicitors assist in draughting these agreements, ensuring that both parties understand their rights and obligations. While not legally binding in Scotland, courts will often take such agreements into account if they are considered fair and reasonable. These solicitors ensure that these agreements are properly draughted to protect their clients' interests and reduce the risk of future disputes.

In Glasgow, as in the rest of Scotland, cohabiting couples do not have the same legal rights as married couples. Matrimonial solicitors help unmarried couples protect their rights by draughting cohabitation agreements, which outline how assets and finances should be handled if the relationship ends. They also represent cohabiting partners in disputes over property ownership, financial claims, and parental rights.

Unfortunately, domestic abuse is an issue that some individuals face within relationships. Matrimonial solicitors in Glasgow are experienced in handling cases of domestic abuse and work to ensure the safety of their clients. This can involve obtaining protective orders, such as non-harassment orders or exclusion orders, which prevent the abusive partner from contacting or approaching the victim. Solicitors also provide support in cases involving emotional or financial abuse, helping clients navigate the legal system to seek protection and justice.

In addition to divorce and separation, matrimonial solicitors also assist with matters related to adoption and parental rights. Whether helping adoptive parents through the legal process or representing biological parents in disputes over parental responsibilities, solicitors play an important role in ensuring that the legal process is followed correctly and that the best interests of the child are upheld.

Not all family law matters need to end up in court. Matrimonial solicitors often encourage mediation and alternative dispute resolution methods to resolve issues such as child custody, financial disputes, or division of assets. Mediation can provide a more amicable and cost-effective solution compared to litigation. Solicitors will guide clients through these processes, helping to negotiate settlements in a way that minimises conflict and stress.

Matrimonial solicitors in Glasgow are equipped to handle a wide range of family law matters, from divorce and child custody to financial disputes and domestic abuse cases. Their expertise and compassionate approach help individuals navigate difficult personal situations with as little stress as possible, ensuring that their rights and interests are protected throughout the legal process. If you are facing any family law issues, seeking the guidance of a qualified matrimonial solicitor can make all the difference in achieving a fair and just resolution.