Fixed-Fee Family Litigation Lawyers Scotland
When disputes arise, regardless of their context, they can cause a great deal of stress and anxiety. This is particularly so when there are disagreements about family matters. In most cases, it is hoped that differences will be resolved without having to resort to formal legal action. However, there are situations involving family members where differences are so profound that it can be very useful, and sometimes necessary, to involve experienced legal professionals to help to bring the dispute to an end.
At Simplicity, we provide fixed-fee family law services. Our experienced team of family lawyers appreciate that no one will want to have to resort to legal action if it can be avoided. However, in those cases where the attention of a specialist family lawyer is needed, the team at Simplicity are here to help.
Fixed-Fee Family Litigation Glasgow, Shawlands, East Kilbride, Edinburgh and Lanarkshire
Family law litigation is, in a nutshell, court actions on aspects of family life. It is important to understand that the Scottish courts are generally reluctant to become overly involved in family disagreements. The view often taken is that family disputes should not, so far as is possible, be handled by the courts because complex family matters often benefit from a more fluid dispute resolution process.
However, there are certain instances where the court might be the only forum capable of bringing a dispute to an end, because alternative methods of dispute resolution are failing or parties are unwilling to negotiate. At Simplicity, our team of family law solicitors are regularly involved in handling many different types of family law disputes in the courts, including:
DIVORCE LITIGATION LAWYERS GLASGOW & EDINBURGH
When a couple decide to divorce, much will need to be negotiated. A couple will have accumulated a great deal during their life together, some of which may be deemed to be matrimonial property. When a couple seek a divorce, this property will have to be fairly divided between them. The difficulty, however, is that couples can find themselves unable to come to an agreement on how this should be done. This is often due to the fact that it is a very emotional time for both parties, and neither is willing or able to attempt to objectively decide on who should have what.
In these instances, the courts will, before they grant a divorce, go about the task of allocating the property to each of the parties. However, the court will take its own view of how property should be divided, based on its own analysis of the situation. In those circumstances, it is highly advisable to have a solicitor that is a skilled advocate, who is able to communicate your interests clearly to the court and present arguments that convince the court of a particular distribution of property.
CHILD CUSTODY LITIGATION
Another very common area of family law litigation concerns child residence and contact. When a couple decide to vary or terminate their relationship – either through divorce or separation – and they have children together, there will need to be some decision on how the care of those children will be maintained. As mentioned earlier, the courts are particularly reluctant to become overly involved in cases involving children, however, if parents are unable to reach an agreement between themselves, the court will reach a decision for them.
It is very important to point out that in cases of a couple attempting to divorce, a court will not grant the application to terminate the relationship until it is convinced that satisfactory arrangements have been made for the care and maintenance of any children. The courts will generally attempt to preserve a child's relationship with both of their parents. It will take a comprehensive view of the situation, which may entail inviting the children to express their views on which of their parents they would like to live with.
If you are separating from your spouse and unable to make a decision about your children’s living arrangements, you should speak with a specialist family law solicitor. They will be able to advise you on the approach that the courts are likely to take to the situation, and present a coherent argument to the courts about where your child should live with a view to protecting their best interests.
How Can Simplicity Help?
At Simplicity, our experience of working with families has taught us to approach each situation with an open mind: no two disputes are ever the same. We employ a range of different dispute resolution tools in order to help families resolve their differences. Increasingly, family law disputes are resolved by using alternative dispute resolution techniques. These involve our working with families through negotiation, mediation and collaboration to arrive at a decision that reflects everyone's interests.
However, there are instances where the only forum capable of resolving a family law dispute is the court. This is particularly the case where parties are unable to work together in any capacity. At Simplicity, we are experienced family lawyers who regularly appear in the Scottish courts on behalf of our clients involved in family litigation. We will work with you to fully understand the nature of your dispute and your hopes in terms of bringing it to an end. Your case will be handled by solicitors that are experienced advisors on all aspects of family law, who will provide impartial, comprehensive advice and will represent your interests in all dealings with the courts. Contact our team today for more information about how we can help you. We also over litigation services for issues unrelated to family law.
Contact Simplicity's Family Lawyers in Glasgow, Edinburgh, Shawlands, East Kilbride and Lanarkshire
*Your first one-hour consultation with us is £50. Should you then instruct us to act for you in the matter within 90 days we will deduct £50 from your fees.