Family Lawyers Glasgow

Family law solicitors in Glasgow

Family law in Scotland is different from the law in England and Wales. The rules on divorce, dividing property, children and unmarried couples all have their own Scottish rules and time limits, so it is important to get advice from family law solicitors who deal with Scottish family law every day. Our experienced family law solicitors are based in Glasgow and offer a broad range of family law services, from a single piece of advice to representation in court.

Our family law team is led by Emma King, who has been rated one of the three best family law solicitors in Glasgow by Three Best Rated for over six consecutive years. We have offices in Glasgow, Edinburgh and Dumfries, and act for clients across Glasgow, Lanarkshire, including East Kilbride, Hamilton and Uddingston, and Renfrewshire, including Paisley, from our Glasgow office. Most meetings can take place by phone or video.

How our family lawyers can help

Divorce and separation

In Scotland, a divorce can be obtained through the simplified divorce procedure where there are no children under 16, no claims for money or property and the separation period has been completed. Otherwise the ordinary procedure applies, and a family law solicitor will prepare and lodge the court papers. Before you obtain a divorce, any claims for financial provision must be settled, because they cannot usually be made afterwards.

Financial provision on divorce is governed by the Family Law (Scotland) Act 1985. Matrimonial property, such as the family home, savings and pensions built up during the marriage, is usually shared equally. Many couples who separate record what they agree in a separation agreement, whether or not they go on to divorce. Read more about divorce in Scotland.

Children and parental rights

Parental rights and responsibilities are set out in the Children (Scotland) Act 1995. A mother automatically has them. A father has them if he was married to the mother or, for births registered in Scotland since 4 May 2006, if he is named on the birth certificate. Others, including grandparents, can ask the court for an order.

Where parents cannot agree, the court can make orders about where a child lives, contact with each parent and specific issues such as schooling or travel. In all legal matters involving children, the court makes the welfare of the child its main concern and takes account of the child’s views. Find out more about child law in Scotland.

Planning ahead

We also help couples plan ahead with prenuptial and postnuptial agreements, cohabitation agreements and advice on civil partnerships. Whether you are moving in together, getting married or starting a family, a clear agreement now can save a great deal of cost and stress later.

Urgent family law help

If you or your children are in immediate danger, call the police on 999. Where you need protection or have to act quickly, the court can make urgent orders, including:

• Interim interdict: a temporary court order stopping someone from contacting, harassing or approaching you. It can be granted quickly, sometimes before the other person is told about the application, and takes effect once it is served on them. A power of arrest can be attached where it is needed to protect you from abuse.
• Exclusion order: an order removing a spouse, civil partner or, in some cases, a cohabitant from the family home where this is necessary to protect you or a child.
• Non harassment order: an order protecting you from a course of conduct that causes fear, alarm or distress. Breaching it is a criminal offence.
• Stopping a child being taken abroad: a parent should not take a child out of the UK without the consent of the other parent with parental rights. If you fear this will happen, the court can grant an interdict to prevent it, and removing a child in breach of a court order can be a criminal offence.

If you need urgent advice, call 0141 433 2626 and tell us it is urgent.

Resolving family disputes without going to court

Most family law matters are settled without a court hearing. We always look first at the options that keep costs down and help families keep talking:

• Negotiation between solicitors, so you do not have to deal directly with your former partner
• Family mediation, where a trained mediator helps you reach your own agreement
• Collaborative law, where you, your partner and specially trained solicitors work together in meetings

Where agreement is not possible, we represent you in the sheriff court. For clients who live in Glasgow, family cases are usually heard at Glasgow Sheriff Court. In any case about children, the court treats the welfare of the child as its most important consideration. Read more about our dispute resolution services.

How we work, step by step

Why choose Simplicity Legal for family law?

• A family law team led by Emma King, rated one of the three best family law solicitors in Glasgow
• Fixed fees wherever possible, so you know where you stand
• Settlement first, with court as a last resort
• Plain English advice from people who understand how stressful this can be
• Regulated by the Law Society of Scotland

Contact our family lawyers in Glasgow

Whatever your family situation, early legal advice can protect your position and save time, money and stress. Call 0141 433 2626 or request a callback, and a family law solicitor from our family team will be in touch. Please note that we do not offer legal aid. If you need legal aid, the Scottish Legal Aid Board can help you find a solicitor who offers it. Clarity Simplicity Ltd is regulated by the Law Society of Scotland. This advice does not apply to England and Wales.

Read our guides on how long a divorce takes in Scotland and child maintenance.

Your family law questions answered