Matrimonial

Matrimonial law is a complex and fast moving area of the law. It is therefore not practical to attempt to present on this page a full explanation of all areas of matrimonial law which may be of interest to you.

The breakdown and end of any relationship can be difficult and upsetting. There will be many issues to resolve. Lamonts can offer advice and guidance which will relieve anxiety and doubt. Divorce and Separation will mean making arrangements for your children, sorting out your finances and deciding where you are going to live. Lamonts will advise on these and other matters which cause concern. If you are thinking of separating, or have separated from your spouse, it is important that you receive legal advice at the earliest date possible. It is preferable that you should take legal advice before leaving the matrimonial home or agreeing to any division of matrimonial property.

As from May 2006, the sole ground for Divorce in Scotland is the irretrievable breakdown of marriage. This has to be proved in one of four ways:-

Your spouse has committed adultery.

Your spouse's behaviour is unreasonable to the extent that you can no longer be expected to live with him or her.

You have lived apart for one year and your spouse consents to a divorce.

You have lived apart for more than two years (consent of spouse not required).

To avoid substantial legal expenses arising for both parties, Lamonts always recommend that, where possible, a Separation Agreement is entered into. The Agreement can be negotiated by the parties under the guidance of their respective Solicitors. The Agreement will cover matters such as the care and control of the children, the level of financial support to be paid to support the children (and, where appropriate, the lower earning spouse), the division of the matrimonial property, the sale of the matrimonial home or the transfer of the Title of the matrimonial home to one spouse.

The definition of matrimonial property is wide. Lamonts will assess your particular circumstances and shall advise you on which items are matrimonial property and which are not. Matrimonial property can cover a vast range of items from the matrimonial home to a party's pension fund. A Separation Agreement shall also specify the precise separation date which is an extremely important date for the purposes of any subsequent Divorce or division of property. Many Separation Agreements will also include a provision whereby the parties undertake to consent to a Divorce being granted on the grounds of the parties having lived apart for more than one year. In due course, this may allow the parties to secure a Divorce without having to appear in Court and without having to pay substantial legal expenses.

Remember that any consultation with Lamonts is entirely a private matter. We think that you will appreciate our sensitive, understanding and practical approach.