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<\/span><\/div>Introducing Johnson Legal Family Law…<\/h2><\/div>Our Family Law services are provided by Johnson Legal Family Law,<\/a>\u00a0headed by Beverley Johnson.<\/p>\nBeverley Johnson qualified as a Solicitor in 1985 and has worked exclusively within litigation since 1990, specialising in Family Law since 1992.\u00a0Beverley\u2019s skill, knowledge, experience and caring approach in understanding what her clients seek to achieve for themselves and their families frequently assists parties to a negotiated settlement without resort to litigation.<\/p>\n
She has over the years built up an excellent team of experts who she works alongside when matters require the input from another source, such as Legal Counsel, Forensic Accountants, Financial Advisors and Health Professionals.<\/p>\n<\/div>
<\/div><\/div><\/div>Visit Johnson Legal Family Law <\/span><\/i><\/a><\/div><\/div><\/div><\/div><\/div><\/div>![\"Divorce](\"https:\/\/www.johnsonlegaledinburgh.co.uk\/wp-content\/uploads\/sites\/26\/2020\/05\/Divorce-Dissolution-of-Civil-Partnerships-800x534-1.jpg\")
<\/a><\/span><\/div>Divorce and dissolution of civil partnerships<\/strong><\/p>\nTo divorce in Scotland you need to prove that your marriage has broken down irretrievably based on one of the following grounds:<\/p>\n
\n- One year separation with your spouse\u2019s consent<\/li>\n
- Two year\u2019s separation without your spouse\u2019s consent<\/li>\n
- Adultery<\/li>\n
- Unreasonable behaviour<\/li>\n<\/ul>\n
Prior to pursuing any ground of divorce we work with you to create a detailed Separation Agreement<\/a>, which allows for your divorce to be undefended, and therefore less expensive. Our message at Johnson Legal Family Law is always that pursuing a<\/em> defended action of divorce through the Court should be a last resort<\/em>.<\/p>\nIt is essential that financial matters are agreed or determined\u00a0prior to divorce or dissolution because once you are divorced in Scotland aliment or capital can no longer be awarded in your favour<\/em>.<\/p>\nFor the purposes of division of what is known as Matrimonial or Partnership property<\/em>, we must first of all clarify the relevant date<\/em> \u2013 the date you stopped living together as husband and wife\/civil partner or the date the Court Action is served, whichever occurs first.\u00a0 The term includes but is not limited to property, savings, life insurance policies, rights under a pension scheme, bank accounts, timeshares and debentures acquired by either of you during the marriage\/civil partnership before<\/em> the relevant date, excluding gifts from a third party or inheritance.<\/p>\nAs the division of property within Scottish Law is based on the principle of fairness, the net asset \u2018pot\u2019 is divided equally between the parties unless there are reasons not to do so, e.g. the financial burden, following divorce of bringing up a child under 16 or one spouse\/partner giving up work to look after the other spouse\/partner and\/or their children.<\/p>\n
Divorce is complex so to ensure you have the best advice, call us on 0131 622 8477 now to arrange your free phone consultation.<\/p>\n<\/div>
Visit Johnson Legal Family Law <\/span><\/a><\/div><\/div><\/div><\/div><\/div>![\"Pre-](\"https:\/\/www.johnsonlegaledinburgh.co.uk\/wp-content\/uploads\/sites\/26\/2020\/05\/Pre-Nuptial-Post-Nuptial-Agreements-800x534-2.jpg\")
<\/a><\/span><\/div>Pre- and Post-nuptial Agreements<\/strong><\/p>\nPre-nuptial agreements, or pre-nups, are becoming increasingly more acceptable as sensible insurance policies which can save unnecessary stress should you decide to separate in the future.<\/p>\n
Pre-nups are agreements made by a couple before they marry. While not necessarily romantic, they are sensible, for example, if either party wants to protect inherited assets or asset for their children from a previous relationship. Such an agreement will be considered in court should the couple later separate or divorce, provided it is fair. The best agreements include full financial disclosure by both parties and are prepared in good time before the wedding day to thwart any accusation of undue pressure.<\/p>\n
Post-nuptials cover identical areas to pre-nups but the agreement is made by a couple already married.\u00a0 This might happen if there was insufficient time before the marriage to prepare a pre-nuptial or there had been a temporary separation, followed by reconciliation.\u00a0 Sometimes parties during the course of a marriage wish to reflect a change in their financial affairs to avoid any disagreement should they subsequently separate. Again, above all, post-nups must be seen to be fair.<\/p>\n
Both pre and post-nups should include what you both brought into the marriage: family home; property, given or inherited; money in joint accounts; debts; pensions; money saved during the marriage; points when the agreement should be reviewed; if either should receive maintenance and if there are any children during the marriage.<\/p>\n
They are also, generally, significantly less than the cost of a contested divorce and can play a very important part in demonstrating parties\u2019 intentions.<\/p>\n
If you\u2019d like help with pre or post-nuptial Agreements call us on 0131 622 8477 to arrange your free phone consultation.<\/p>\n<\/div>
Visit Johnson Legal Family Law <\/span><\/a><\/div><\/div><\/div><\/div><\/div>![\"Children](\"https:\/\/www.johnsonlegaledinburgh.co.uk\/wp-content\/uploads\/sites\/26\/2020\/05\/child-800x534-1.jpg\")
<\/a><\/span><\/div>Children and parenting issues<\/strong><\/p>\nChildren (Scotland) Act 1995<\/a> states that parental rights and responsibilities are automatically awarded to married parents and unmarried fathers who are on the child\u2019s birth certificate post 2006<\/p>\nThe health and wellbeing of a child is always front of mind and we carefully will take you through the steps required to obtain either by agreement or court order, contact or residence being mindful that the outcome will depend on a great many factors including the views of your\u00a0 child\/ren You may have other issues regarding your child\/ren such as which school they attend , which doctor\u2019s surgery they are registered to, even which religion if any they follow.<\/p>\n
If you need help with sensitive and often complex issues such as residence, contact orders and child maintenance, take back control by calling us on 0131 622 8477 to arrange your free phone consultation<\/p>\n<\/div>
Visit Johnson Legal Family Law<\/span><\/a><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>![\"Civil](\"https:\/\/www.johnsonlegaledinburgh.co.uk\/wp-content\/uploads\/sites\/26\/2020\/05\/cohabitation-1-800x534-1.jpg\")
<\/a><\/span><\/div>Civil partnerships and co-habitations<\/strong><\/p>\nLiving together is increasingly common but it\u2019s not the same as being married and there are significant financial implications if the relationship ends.\u00a0 As a minimum you should know for example:<\/p>\n
\n- A partner cannot claim for maintenance from the other<\/li>\n
- Legal transfer of property cannot be made against a living partner<\/li>\n
- A capital award can be made by way of a lump sum or by instalments<\/li>\n
- You have no claim on a deceased partner\u2019s assets unless there is no will in which case you have maximum of six months to make a claim against the estate<\/li>\n<\/ul>\n
The Family Law (Scotland) Act 2006<\/a> enables limited claims to co-habitants where the relationship has ended by separation but you should be aware in particular that any claim must be raised within a year of the date of separation of the parties.<\/p>\nThe law regarding co-habitation has been developing over many years and it remains a complex area so to ensure you are getting the right advice, call us on 0131 622 8477 to arrange your free phone consultation.<\/p>\n<\/div>
Visit Johson Legal Family Law <\/span><\/a><\/div><\/div><\/div><\/div><\/div>![\"Separation](\"https:\/\/www.johnsonlegaledinburgh.co.uk\/wp-content\/uploads\/sites\/26\/2020\/05\/seperation-agreements-scotland-800x534-1.jpg\")
<\/a><\/span><\/div>Separation Agreements<\/strong><\/p>\nA Separation Agreement is a legally binding document which provides a record of the negotiated settlement between two parties relating to significant issues such as shared assets, family home, care of your children. It is also an extremely important first step towards an undefended divorce which minimises the potential for animosity between the parties and avoids the unnecessary expense of a defended action of divorce.<\/p>\n
We understand that financial settlements are a major concern when couples separate.\u00a0 Under Scottish Law the net value of assets that are owned by you individually or together with each other or any third party are divided fairly between you. Our job is to look at our clients\u2019 individual circumstances and consider every possible opportunity to ensure that they are never financially disadvantaged as a result of the Agreement.<\/p>\n
Importantly the Separation Agreement can also cover what would happen on either party\u2019s death, including for example changing your Will or reviewing your Power of Attorney and pension nominations, to ensure your ex cannot gain any financial benefit following your death.<\/p>\n
If you want to take back control, let us help with your Separation Agreement \u2013 just call us on 0131 622 8477 to arrange your free phone consultation<\/p>\n<\/div>
Visit Johnson Legal Family Law <\/span><\/a><\/div>
Our Family Law services are provided by Johnson Legal Family Law,<\/a>\u00a0headed by Beverley Johnson.<\/p>\n Beverley Johnson qualified as a Solicitor in 1985 and has worked exclusively within litigation since 1990, specialising in Family Law since 1992.\u00a0Beverley\u2019s skill, knowledge, experience and caring approach in understanding what her clients seek to achieve for themselves and their families frequently assists parties to a negotiated settlement without resort to litigation.<\/p>\n She has over the years built up an excellent team of experts who she works alongside when matters require the input from another source, such as Legal Counsel, Forensic Accountants, Financial Advisors and Health Professionals.<\/p>\n<\/div> Divorce and dissolution of civil partnerships<\/strong><\/p>\n To divorce in Scotland you need to prove that your marriage has broken down irretrievably based on one of the following grounds:<\/p>\n Prior to pursuing any ground of divorce we work with you to create a detailed Separation Agreement<\/a>, which allows for your divorce to be undefended, and therefore less expensive. Our message at Johnson Legal Family Law is always that pursuing a<\/em> defended action of divorce through the Court should be a last resort<\/em>.<\/p>\n It is essential that financial matters are agreed or determined\u00a0prior to divorce or dissolution because once you are divorced in Scotland aliment or capital can no longer be awarded in your favour<\/em>.<\/p>\n For the purposes of division of what is known as Matrimonial or Partnership property<\/em>, we must first of all clarify the relevant date<\/em> \u2013 the date you stopped living together as husband and wife\/civil partner or the date the Court Action is served, whichever occurs first.\u00a0 The term includes but is not limited to property, savings, life insurance policies, rights under a pension scheme, bank accounts, timeshares and debentures acquired by either of you during the marriage\/civil partnership before<\/em> the relevant date, excluding gifts from a third party or inheritance.<\/p>\n As the division of property within Scottish Law is based on the principle of fairness, the net asset \u2018pot\u2019 is divided equally between the parties unless there are reasons not to do so, e.g. the financial burden, following divorce of bringing up a child under 16 or one spouse\/partner giving up work to look after the other spouse\/partner and\/or their children.<\/p>\n Divorce is complex so to ensure you have the best advice, call us on 0131 622 8477 now to arrange your free phone consultation.<\/p>\n<\/div> Pre- and Post-nuptial Agreements<\/strong><\/p>\n Pre-nuptial agreements, or pre-nups, are becoming increasingly more acceptable as sensible insurance policies which can save unnecessary stress should you decide to separate in the future.<\/p>\n Pre-nups are agreements made by a couple before they marry. While not necessarily romantic, they are sensible, for example, if either party wants to protect inherited assets or asset for their children from a previous relationship. Such an agreement will be considered in court should the couple later separate or divorce, provided it is fair. The best agreements include full financial disclosure by both parties and are prepared in good time before the wedding day to thwart any accusation of undue pressure.<\/p>\n Post-nuptials cover identical areas to pre-nups but the agreement is made by a couple already married.\u00a0 This might happen if there was insufficient time before the marriage to prepare a pre-nuptial or there had been a temporary separation, followed by reconciliation.\u00a0 Sometimes parties during the course of a marriage wish to reflect a change in their financial affairs to avoid any disagreement should they subsequently separate. Again, above all, post-nups must be seen to be fair.<\/p>\n Both pre and post-nups should include what you both brought into the marriage: family home; property, given or inherited; money in joint accounts; debts; pensions; money saved during the marriage; points when the agreement should be reviewed; if either should receive maintenance and if there are any children during the marriage.<\/p>\n They are also, generally, significantly less than the cost of a contested divorce and can play a very important part in demonstrating parties\u2019 intentions.<\/p>\n If you\u2019d like help with pre or post-nuptial Agreements call us on 0131 622 8477 to arrange your free phone consultation.<\/p>\n<\/div> Children and parenting issues<\/strong><\/p>\n Children (Scotland) Act 1995<\/a> states that parental rights and responsibilities are automatically awarded to married parents and unmarried fathers who are on the child\u2019s birth certificate post 2006<\/p>\n The health and wellbeing of a child is always front of mind and we carefully will take you through the steps required to obtain either by agreement or court order, contact or residence being mindful that the outcome will depend on a great many factors including the views of your\u00a0 child\/ren You may have other issues regarding your child\/ren such as which school they attend , which doctor\u2019s surgery they are registered to, even which religion if any they follow.<\/p>\n If you need help with sensitive and often complex issues such as residence, contact orders and child maintenance, take back control by calling us on 0131 622 8477 to arrange your free phone consultation<\/p>\n<\/div> Civil partnerships and co-habitations<\/strong><\/p>\n Living together is increasingly common but it\u2019s not the same as being married and there are significant financial implications if the relationship ends.\u00a0 As a minimum you should know for example:<\/p>\n The Family Law (Scotland) Act 2006<\/a> enables limited claims to co-habitants where the relationship has ended by separation but you should be aware in particular that any claim must be raised within a year of the date of separation of the parties.<\/p>\n The law regarding co-habitation has been developing over many years and it remains a complex area so to ensure you are getting the right advice, call us on 0131 622 8477 to arrange your free phone consultation.<\/p>\n<\/div> Separation Agreements<\/strong><\/p>\n A Separation Agreement is a legally binding document which provides a record of the negotiated settlement between two parties relating to significant issues such as shared assets, family home, care of your children. It is also an extremely important first step towards an undefended divorce which minimises the potential for animosity between the parties and avoids the unnecessary expense of a defended action of divorce.<\/p>\n We understand that financial settlements are a major concern when couples separate.\u00a0 Under Scottish Law the net value of assets that are owned by you individually or together with each other or any third party are divided fairly between you. Our job is to look at our clients\u2019 individual circumstances and consider every possible opportunity to ensure that they are never financially disadvantaged as a result of the Agreement.<\/p>\n Importantly the Separation Agreement can also cover what would happen on either party\u2019s death, including for example changing your Will or reviewing your Power of Attorney and pension nominations, to ensure your ex cannot gain any financial benefit following your death.<\/p>\n If you want to take back control, let us help with your Separation Agreement \u2013 just call us on 0131 622 8477 to arrange your free phone consultation<\/p>\n<\/div><\/a><\/span><\/div>\n
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