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Family Law

Divorce & Separation

At Cameron Pinkerton & Co., we understand separating is likely to be a traumatic event in your life. We aim to provide a professional service and provide supportive, clear and concise legal advice tailored to your individual needs. 

For most people the division of the matrimonial assets and the welfare of any children are the most important and immediate issues to be dealt with. Most couples opt to regulate matters through a Separation Agreement which allows for an early resolution of the issues in a more flexible and economic way. This also means the divorce process is more straightforward. This is not possible in every case and a Court action is sometimes necessary. At Cameron Pinkerton & Co., we will advise and guide you through the process to find the best possible solution tailored to your individual needs. 

Cohabitation

Today more people are choosing to live together as opposed to entering into a marriage or civil partnership. There are possible claims open to people who have been living together. These are different to the rights available to you on divorce or dissolution of a civil partnership. The law in this area is complicated and is ever developing. It is essential you obtain specialist advice regarding this. There are strict time limits for pursuing claims and it is therefore important to seek advice as soon as possible. 

At Cameron Pinkerton & Co., we will guide you through matters which may include:-

  • What your rights are in relation to the family home; 
  • What your rights are if you have made a contribution to property or assets that are not in your name 
  • How the arrangements for your children are worked out 

It is important for couples purchasing property together that they consider if a Cohabitation Agreement in advance will protect their position in the event of a separation in the future. At Cameron Pinkerton & Co., we can guide and advise you through this process. 

Cohabitation Rights on Death

If you are living with a partner who dies without leaving a Will, you may have a right to make a claim on your partner’s estate. There are strict time limits for making such a claim and you should take advice as soon as possible. In addition we strongly recommend making a Will if you are living with your partner. Only a carefully drafted Will will ensure your wishes are upheld on death and your partner and any children are adequately provided for. At Cameron Pinkerton & Co., we will be able to advise and guide you through the process. 

Children

For most people the paramount concern on the breakup of a relationship is in relation to their children. Cameron Pinkerton & Co., have been helping clients will all types of child law issues for a number of years. Our aim is to offer practicable, supportive advice, to resolve matters without the involvement of Court. This is not unfortunately possible in all cases. We have extensive experience appearing on behalf of clients in Court. Our aim is to ensure you receive the best possible representation. 

If you live in Paisley or the surrounding area and are in need of expert family law advice, please get in touch. We offer practical and straightforward legal advice and support. Please email or get in touch by telephone. 

Frequently Asked Questions

In Scotland, there is only one ground for divorce: the irretrievable breakdown of the marriage, which can be established in four ways: adultery, unreasonable behaviour, or a period of separation of one or two years with or without consent, respectively. Alternatively, a divorce can be granted if one spouse has obtained an interim gender recognition certificate.

A Separation Agreement in Scotland is a written, legally binding contract, also known as a Minute of Agreement, that outlines how separating couples will manage their finances, property, and arrangements for children. It is needed when a couple wants to formalise their separation without divorcing immediately, or as an alternative to a court action. A solicitor should draft the agreement to ensure it is enforceable and registered correctly.

Parental rights and responsibilities refer to the legal rights and obligations that parents have towards their child/children. These include providing the child with a safe environment, making decisions about their education, healthcare, and upbringing, as well as maintaining a meaningful relationship with the child. In Scotland a child’s mother automatically has parental rights and responsibilities from birth. A father automatically has parental rights and responsibilities if married or in a civil partnership with the mother at the time of the birth or if named on the birth certificate if the child was born after 4 May 2006.

"The best outcome financially for you is to negotiate a settlement covering all aspects of your separation that can be reflected into a document known as a Separation Agreement or Minute of Agreement. Once this has been signed you can proceed to divorce on undefended basis which will cut your costs considerably, as well as your stress levels"

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