How our Family and Divorce lawyers can help you

Whether you are based in the UK or overseas, if you require best-in-class advice and service on any aspect of family law we can assist.

Our specialisms include:
 

Divorce and separation agreements

You will benefit from the team’s vast experience of providing well-thought out agreements that cover how assets should be divided.

This can include items such as:

• property;
• shares in private limited companies;
• partnerships;
• farming interests;
• trusts;
• share options;
• pensions;
• foreign assets.

We can also ensure you get the best possible guidance with regard to valuation issues, the structure of legal vehicles and tax implications. Find out what to expect when working with a divorce lawyer in our quick and easy guide.
 

Child-related issues arising between separated couples

A key priority for families, we can provide support on child-related issues on a standalone basis or in addition to resolving a separated couple’s financial affairs.

Our family law team can assist in helping you with sensitive solutions to agree:

• the time a child spends with each of their separated parents;
• who a child lives with;
• International relocation of children;
• which school a child goes to;
• whether a child should have medical treatment.

 
Cohabiting couples separating

More and more couples live together without marrying - and many of those couples separate in the same way as married couples.

The law allows financial provision to be made between cohabiting couples if they separate.

The law is very different from that applying to married couples but many of the issues arising are similar.

We can ensure these are worked out to your satisfaction.

 

Asset Protection

Couples now often, and sensibly, enter into pre-nuptial or post-nuptial agreements or cohabitation agreements to contract for what should happen to their assets in the event of separation.

Burness Paull’s family lawyers also provide input where families are restructuring their business interests or money is being passed down the line, and advise individuals on such matters.

 

International and cross-border issues

In the modern world people are increasingly mobile in terms of their residency status.

This has led to an increase in cross-jurisdictional issues, and the law has been made more complex by Brexit and the resultant effect on European Law.

Jurisdictional rules in Scotland are such that Scottish-domiciled individuals can apply for divorce in Scotland.

Our family lawyers advise individuals living abroad divorcing in Scotland, as well as on recognition and enforcement of incoming foreign court orders and enforcement of outgoing orders abroad.

We can also advise those with foreign assets on the most appropriate choice of jurisdiction for dealing with their legal issues.

 

Mediation

We offer mediation to couples wishing to deal with things in a co-operative and collaborative way. 

Mediation offers a compassionate, cost-effective, and efficient way to resolve issues that arise following relationship breakdown.

Mediation is led by a neutral mediator who helps the separating couple reach mutually agreeable solutions on issues such as child care arrangements, division of assets, and ongoing financial support. It empowers families to maintain control over decisions, promoting better communication and preserving relationships.

By focussing on understanding and cooperation, mediation often leads to faster resolutions, reduced legal fees, and tailored agreements that meet the unique needs of the family. It's a forward-thinking approach to navigating family law matters, emphasizing dignity and mutual respect every step of the way.

Partners Richard Smith and Jennifer Wilkie are both experienced and highly regarded mediators and would be pleased to speak to you about how mediation would work in practice.

 

Adoption

Family structures are evolving and more and more people are choosing to adopt children. Adopting a child is of course a big step and we can guide you through the process.

Whether you are a step-parent adopting your step-child or an individual or couple adopting through an adoption agency - we can help you to formalise your parent-child relationship.

In addition to the expertise of our Family and Divorce law experts, you will also be able to draw on the knowledge of Burness Paull’s market-leading Private Client, Tax and Corporate Finance lawyers to ensure your interests are represented by the strongest possible team.

Key Contacts

Pricing Information

Click the button below for further information on pricing for certain services in accordance with the Solicitors Regulation Authority Pricing Transparency rules and the Law Society of Scotland Price Transparency Guidance.

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