Family law cases can be diverse in nature and can span a multitude of disciplines.
Our family law team are uniquely placed to liaise with and take advice from our Aberdein Considine colleagues specialising in other areas.
Whether you are contemplating cohabitation or marriage, separating or divorcing or reviewing the financial and care arrangements for your children at any time, we believe that tailored financial advice is just as important as sound legal advice.
We work very closely with our expert independent financial advisors to provide a comprehensive and seamless service, which is all “under one roof”.
In turn, this empowers you to make well informed, cogent decisions. Our financial advisors are highly qualified to offer advice on a range of financial matters, including mortgages, pensions and investments and protection - advice which is necessary and invaluable in a family law context.
On separation or divorce, many of our clients require representation to sell the family home, purchase a new home or have the title to the family home transferred to them.
It is beneficial to understand what this involves and the associated costs at the earliest possible opportunity, without having to spend time and money in engaging another solicitor or another firm of solicitors.
Our solicitors are well placed to talk you through the process and carry out your sale, purchase or transfer of title on your behalf. We believe that this is reassuring and less complicated, during what can be a very busy and stressful time.
Following a change in circumstances, it is advisable to review and, if necessary, update your will. You may also wish to discuss granting a power of attorney whereby an appointed party assumes control to make decisions about your finances, property and welfare.
Our solicitors regularly prepare wills and power of attorney and can discuss the benefits of making a will or a power of attorney either independently of any other instruction or when acting on your behalf in relation to another family law matter.
A parent with parental responsibilities and parental rights in respect of a child may wish to consider preparing a deed of guardianship alongside a will. This has the effect of conferring parental responsibilities and parental rights upon a third party in the event of death.
Guardianship and other orders can be sought in terms of the Adults with Incapacity (Scotland) Act 2000 when someone has lost mental capacity to make decisions about their own finances, property and welfare.
Usually, the loss of capacity is sudden or unexpected and arises as a result of an illness or accident.
Very often, the family and friends of the incapacitated person will be upset and shocked about how powerless they are to make decisions on behalf of their loved one without court intervention and will be anxious about the court process.
We can apply for these orders on your behalf (including, if appropriate, securing a grant of Legal Aid) and aim to conclude the process as smoothly and quickly as possible for all concerned.
If you would like to speak to one of our family lawyers about your circumstances, click here.
I was impressed by the efficient but friendly manner in which my mother’s estate was administered. I always felt I could lift the phone and ask about any doubts. The whole matter was completed swiftly and to my satisfaction.
O. Emslie, private client
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