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Subscribe to this list via RSS Blog posts tagged in divorce law scotland

In 2013, around 9,500 couples in Scotland divorced. Research carried out by a group of family focused charities unveiled that in around 40 percent of cases, one set of grandparents ends up losing contact with their grandchildren when their parents divorce.

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Talk to the experts

When a relationship sours, it's easy to quickly jump into divorce proceedings without stopping to think. Tensions are high and many people don't take much time to contemplate the complexities of the divorce process – they just want to terminate their union.

Always talk to a relationship expert or Scottish family law practitioner before you make any decision about whether to go down the divorce route. This way you'll be sure you're making the right, rational decision.

The firm highlights that, while broken marriages used to be traditionally dominated by younger couples who had spent a relatively short time together, many break-ups and divorces are now being driven by older couples after decades of marriage. And, as the majority of these separating couples usually have grown-up children who have flown the nest, their divorce settlements typically include negotiations over issues such as pensions and savings to ensure they are financially set for life as old age singletons. Fiona Rasmusen, partner and family law specialist at Gibson Kerr, said: "We've seen a significant change in the past decade where growing numbers of older people are choosing to get divorced in Scotland. In generations gone by, many people would get to pensionable age and not want the hassle of going through a divorce in their advanced years – but these days it is far more socially acceptable to separate and divorce in your 60s and above. "

The boost in matrimonial cases has been fuelled by a rise in enquiries for divorce proceedings, pre-nups and financial settlements over the past year – which the firm believes have stemmed from the gloomy economic climate.

Fiona Rasmusen, partner at Gibson Kerr, said: "It's a tough economy at the moment and many people are worried about their jobs and their money. It's not only causing tensions among married couples over their assets, but it also means that divorcing couples are more determined than ever to get their fair share of their shared wealth.

Unlike in England - where partners can be awarded maintenance if one party (commonly the wife) cannot adequately support themselves without maintenance from the other – Scottish law prefers to give both partners a fresh start, or "clean break", when they separate. However, Gibson Kerr says that this scenario can have serious financial consequences for people who are divorcing in Scotland - and the firm has urged women in particular to fully consider how their separation could cost them in the future.

Edinburgh-based Gibson Kerr, which specialises in family and personal law, has highlighted the trend of using social networking sites to complain about partners during divorce proceedings – or "bitter twittering" – as a phenomenon that is is becoming increasingly prevalent across the Unites States and in the UK.

The Edinburgh legal firm says that numerous websites are now offering "low-cost" online divorces, which are proving popular with couples who are put off spending money on legal advice during their separation. Many people view the DIY option as a way of dodging fees and as a method of speeding up the divorce proceedings. But Gibson Kerr, which specialises in Scottish family law issues including divorces, wills and powers of attorney, stresses that using an online service is a risky step, as the documents are often poorly written and contain hidden costs – meaning that there is little or no financial benefit to using them.

The Edinburgh legal firm says that numerous websites are now offering "low-cost" online divorces, which are proving popular with couples who are put off spending money on legal advice during their separation. Many people view the DIY option as a way of dodging fees and as a method of speeding up the divorce proceedings. But Gibson Kerr, which specialises in Scottish family law issues including divorces, wills and powers of attorney, stresses that using an online service is a risky step, as the documents are often poorly written and contain hidden costs – meaning that there is little or no financial benefit to using them.