The news of the deaths of Emma Pattison and her daughter Lettie, believed to be at the hands of Emma’s husband and Lettie’s father, has led to shock waves and widespread condemnation in the media and society. In her tribute to her friend and colleague the head of the Girls Day School Trust, Cheryl Giovannoni, made the chilling comment that ‘it doesn’t matter how brilliant or successful a woman is she is only as safe as her male partner allows her to be’. Her comment highlights the fact that domestic abuse has no niche and indeed transcends society. It also brings into sharp focus the fact that in many instances children are not protected in these relationships and indeed can be victims themselves. This interplay between domestic abuse and child contact is the subject of a study by the Scottish Centre for Crime and Justice Research published just this month.
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Cohabitation reform – The Scottish Law Commission’s recommendations
Yesterday, the Scottish Law Commission (“the SLC”) published its eagerly awaited (in legal circles anyway!) Report on Cohabitation. As anticipated, the report recommends fairly significant reforms to the law relating to cohabitants’ claims on separation. Here, some of those recommendations are highlighted.
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Advantages of a prenuptial agreement
It is fair to say that we are living through a time of uncertainty. The pound has fallen against the dollar following the resignation of Prime Minister Liz Truss. Alongside a cost of living crisis and the sharp rise of inflation, the economic landscape of the UK is rather bleak.
What happens to pets when you separate from your partner?
Should your relationship with your pet be Cur-tail-ed by separation? Our pets are important to us and they are often regarded as another member of the family. A question we are hearing more from many separating couples is: What happens to our pets when we split up?
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If my partner dies, can I use our embryo in surrogacy treatment?
It’s What She Would Have Wanted!
A landmark High Court judgment, Jennings v Human Fertilisation and Embryology Authority 2022 EWHC 1619 Fam, ruled that a husband could lawfully use the embryo created using his sperm and the eggs of his late wife in treatment with a surrogate without the written consent of his late wife.
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How do separated parents do holidays?
School’s out for summer
Holidays are here again…The start of the summer holidays marks great excitement for many children across Scotland this week. However, some of their parents may not feel the same way. Holiday time can be very stressful for parents and carers who can be juggling work and/or other commitments with providing care for their children. It can be particularly difficult for parents who are separated. When organising holidays these parents may be trying to accommodate not only their own schedules, those of their children and their former partners, but potentially also those of any new partners, their children and the new partners’ former partners! It can, therefore, all become very overwhelming.
Do I need a letter of consent to take my child abroad?
Summer 2022 is expected to be a boom season for families travelling abroad after the pandemic and restrictions put paid to many holiday plans for two years running.
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Cryptocurrency and Divorce
Although the concept of cryptocurrency may seem daunting and perhaps overly risky to some, there is no denying that interest in the cryptocurrency world is on the rise. With the increase in popularity of cryptocurrency in recent years, it has become a consideration for separating couples and a hot topic amongst Family Lawyers.
What is matrimonial property and why is the date of separation so important?
When a married couple (or those in a civil partnership) separate one of the first things that a family lawyer will try to ascertain is the “relevant date”. So, what is the relevant date and why is it so important?
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Cohabitation – What are the legal implications?
What does cohabiting mean?
Cohabitants are defined by s.25 of the Family Law (Scotland) Act 2006 as “a man and a woman who are (or were) living together as if they were husband and wife or two persons of the same sex who are (or were) living together as if they were civil partners”. Further, in terms of s.25, when determining if someone is a cohabitant, the court will consider “the length of the period during which the parties have been living together (or lived together), the nature of their relationship during that period, and the nature and extent of any financial arrangements subsisting, or which subsisted, during that period.”
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