Research Finds Evidence of Greater Gender Equality in the Divorce Court
New research from the United States has revealed that family courts are adopting a more gender neutral approach to the payment of financial maintenance in divorce cases. According to a survey of its members by the American Academy of Matrimonial Lawyers, 54% cited an increase in the number of mothers paying child support during the past three years, while 45% have also seen a rise in women being responsible for alimony. In addition, 78% noted an increase in parents having shared custody of children. “While men have almost always expected to pay alimony, many women still have a very difficult time accepting that this financial obligation might fall to them,” commented Madeline Marzano-Lesnevich, president of the American Academy of Matrimonial Lawyers. “Unlike with previous generations, there are now many more two income households with parents who serve as equals in taking care of the home and raising the children. This current reality is certainly being recognised by the courts.” She also highlighted that above all, it is essential for women to understand that divorce courts have become a gender-neutral place where numbers and the bottom line will ultimately influence any decisions regarding who pays alimony and child support. Contact Family Law Aberdeen At Family Law Aberdeen we recognise that divorce and separation can be a very difficult and stressful time for a family. If you are separating from or divorcing your partner, contact our friendly team today for clear and confidential advice about how to move forwards. We are a team of forward thinking family lawyers who offer clear and practical support and advice to help you find the best solution for you and your family. Please complete our on-line enquiry form today or call us on 01224 432762.
Many Couples Keep Financial Secrets from Each Other
Many couples are not totally honest with each other about their finances, new research has revealed. According to the study by Prudential, as many as 31% of couples have secret savings or investments that their partners don’t know about, with 7% admitting to hiding savings worth more than £50,000. Lack of trust seems to be a driving force behind many secret finances. A third (34%) admit they have no specific plans for their secret income but just don’t want their partner to be able to access all their money. Nearly a quarter (22%) don’t trust their partner to make the right decision about their finances so want to keep control. Men are more likely to squirrel away their savings – with a third (33%) keeping a secret stash compared to 28% of women. While men and women are relatively similar in what they want to spend the money on, more than double the number of women have secret savings as security in case of a break up (15% compared to 6% of men). It isn’t just extra income and savings which some keep hidden as a fifth (19%) are keeping debts secret from their partner. For the majority, these debts arose from general living costs (62%) but for others the debt was caused by overspending due to previous relationships, with 22% getting into the red after a break up while 10% inherited the debt from a past relationship. Contact Aberdeen Family Lawyers Contact our friendly team today for clear and practical advice on how to move forwards with your family law situation.
Joint Review of Surrogacy Laws
The Scottish Law Commission and the Law Commission of England and Wales have begun their joint review of the laws on surrogacy. The project forms part of each Commission’s current Programme of Law Reform and the UK Government has referred the project to both Commissions as a joint project. The Law Commission of England and Wales has now been granted the necessary funding by the UK Government. Surrogacy is where a woman bears a child on behalf of someone else or a couple who then intend to become the child’s parents. The process is governed by the Surrogacy Arrangements Act 1985 and certain provisions of the Human Fertilisation and Embryology Acts 1990 and 2008. However, there are problems with the law and the Commissions have already identified three potential areas of concern: Difficulties with parental orders – a parental order transfers parentage from the surrogate mother to the intended parents. But that process can only happen after the baby is born and is subject to conditions which may require reform. International surrogacy – the uncertainty in the current law may encourage use of international arrangements, where there are concerns about exploitation of surrogates. How surrogacy is regulated – the rules governing how surrogacy is undertaken should be brought up to date and further improved. The Law Commissions will now undertake a joint three-year project to develop law reform recommendations that work for everyone. This will involve extensive public consultation, with the Commissions aiming to publish a consultation paper within a year. Contact Family Law Aberdeen Contact our specialist family law solicitors today to find out more about how we can help you. Contains public sector information licensed under the Open Government Licence v3.0.
Should Access Rights to Children Include Grandparents?
The Court of Justice of the European Union has recently been asked to consider whether rights of access to children should also sometimes include grandparents. The case in question concerns a Belgian grandmother who was trying to gain access to her grandson, who lived in Greece with his Greek national father. She had not met with any success in her dealings with the Greek authorities and so applied to the Belgian courts for access rights. She requested that she be able to see her grandson one weekend a month, and also have him to stay with her for several weeks during the holidays. Her application and subsequent appeal were both dismissed by the Belgian courts on the grounds of jurisdiction. She then appealed to the Belgian court of last instance, which referred the case to the Court of Justice for a decision on whether the Brussels IIa Regulation applies to the rights of access of grandparents, as this was an important factor in determining which country’s courts had jurisdiction. An Advocate General of the Court has now given an Opinion on the matter. It is important to note however, that this Opinion is not binding on the Court of Justice. Advocate Generals present an independent legal solution to the case, which the Judges will take into consideration as part of their deliberations. The Opinion put forward by Advocate General Maciej Szpunar has concluded that the concept of rights of access includes persons other than parents, since those persons have family ties to the child based on law or on fact. He therefore proposes that the Court of Justice rules that in matters of parental responsibility rights of access include the rights of access of grandparents. The Judges of the Court are deliberating the case and will give their judgment at a later date. Child Contact Lawyers Aberdeen Family Law Aberdeen are a trusted and friendly team of local lawyers who can assist you with all aspects of child contact and child residence. Contact us today to find out how we can help.
Report Reveals Increasing Complexity of Child Protection in Scotland
The Scottish Children’s Reporter Administration (SCRA) has recently published the findings of research it undertook to try and establish whether child protection in Scotland has become more complex over time, and if so, in what way. The research looked at the lives of looked after children up to the age of three and their families over the period from 2003 to 2016, and found many examples of changing complexity. According to the report, complexity had increased in a number of key areas, including: “Extent of family fragmentation – separation of children from their parents and siblings. This was directly linked to changes in child protection practice resulting in more children aged under three years being removed from their parents’ care. Residence with a child who is not a sibling. Number of changes in Compulsory Supervision Orders. Contributory factors were increases in numbers of children with permanence plans, supervised contact with parents and earlier age of being taken into care. Number of problems faced by parents, especially criminality. Presence of legal representatives in Hearings and number of relevant persons – both are directly linked to changes in legislation.” However, the report also identified several decreases, including in the Scottish Index of Multiple Deprivation at birth and the number of changes of co-residents the child experienced. In addition, a number of areas where there had been no change were highlighted, including the rates of parental separation and the rates of problems in the extended family. Based on their findings, the researchers concluded that child protection in Scotland has become more complex. They highlight that this has implications for everyone involved in the child protection system, and particularly the families themselves. Child Contact Lawyers Aberdeen Family Law Aberdeen are a trusted and friendly team of local lawyers who can assist you with family law issues involving children. Contact us today to find out how we can help.
New initiative to Better Protect Domestic Abuse Victims in Scotland
The Scottish Government has announced the expansion across Scotland of an initiative designed to increase the safety of domestic abuse victims by reducing the risk of domestic abusers reoffending. The Caledonian System is a specialist court-mandated programme working with male perpetrators, which also aims to improve the lives of women and children affected. It isn’t an alternative to prosecution but is a direct alternative to custody and to other high tariff community disposals given after an accused has been convicted of a domestic abuse related offence. It is currently being used by several local authorities in Scotland, including Aberdeen City, City of Edinburgh and North Ayrshire, and the Scottish Government has now made £2.8 million available for local authorities to apply for support to roll out the Caledonian System within their area. The Caledonian System places an absolute priority on the safety of partners and their children. There was a strong belief among women interviewed for the evaluation that the Women’s Service, and the fact that it works together with the Men’s Programme as a system, had both contributed significantly to making them safer. “It is crucial that we have a range of services across Scotland for those affected by domestic abuse and that these services include interventions to support perpetrators to change their behaviour,” commented Linda Rodgers, Chief Executive of Edinburgh Women’s Aid. “The Caledonian Programme is a safe and robust perpetrator programme developed in Scotland for the Scottish context.” “I am absolutely delighted that the programme will now be operating and enhancing the safety of women and children across Scotland,” she added. Contact Us For expert legal advice on domestic abuse and divorce, or other areas of family law, then contact our specialist family lawyers today.
New initiative to Better Protect Domestic Abuse Victims in Scotland
The Scottish Government has announced the expansion across Scotland of an initiative designed to increase the safety of domestic abuse victims by reducing the risk of domestic abusers reoffending. The Caledonian System is a specialist court-mandated programme working with male perpetrators, which also aims to improve the lives of women and children affected. It isn’t an alternative to prosecution but is a direct alternative to custody and to other high tariff community disposals given after an accused has been convicted of a domestic abuse related offence. It is currently being used by several local authorities in Scotland, including Aberdeen City, City of Edinburgh and North Ayrshire, and the Scottish Government has now made £2.8 million available for local authorities to apply for support to roll out the Caledonian System within their area. The Caledonian System places an absolute priority on the safety of partners and their children. There was a strong belief among women interviewed for the evaluation that the Women’s Service, and the fact that it works together with the Men’s Programme as a system, had both contributed significantly to making them safer. “It is crucial that we have a range of services across Scotland for those affected by domestic abuse and that these services include interventions to support perpetrators to change their behaviour,” commented Linda Rodgers, Chief Executive of Edinburgh Women’s Aid. “The Caledonian Programme is a safe and robust perpetrator programme developed in Scotland for the Scottish context.” “I am absolutely delighted that the programme will now be operating and enhancing the safety of women and children across Scotland,” she added. Contact Us For expert legal advice on domestic abuse and divorce, or other areas of family law, then contact our specialist family lawyers today.
Should Scotland Allow Adult Adoption?
Earlier this month an interesting story was reported by several media outlets that concerned adoption in Scotland and whether it should be possible for adults to be adopted. The story involved a 27-year-old Scottish man, Nathan Sparling, who is apparently calling on the Scottish Government to amend the Adoption & Children (Scotland) Act 2007 to allow for adoption to still take place after a child turns 18, reports the Herald. Mr Sparling explains that he had a step-father from the age of thirteen, who he views as his real father in every way that matters. However, because Mr Sparling is over the age of 18, his step father can’t adopt him and thereby give legal recognition to their relationship. He adds that in addition to legally formalising the relationship, adult adoption could help provide clarity and certainty in other areas, including inheritance rights. He also highlights that allowing adult adoption will mean children are not forced into making such a decision about being adopted before they are old enough to understand exactly what it means. According to the Herald, the Scottish Government has said that it is already looking at adoption procedures in Scotland to ensure they remain fit for purpose, and will take into account what Mr Sparling has proposed. Adult adoption is apparently already legal in certain circumstances in several counties, including Germany, Japan and the United States. Adoption Lawyers Aberdeen For expert legal advice on adoption in Scotland, and other areas of family law, then contact our specialist family law solicitors today.
Prenuptial agreement challenge fails
The former wife of a wealthy Russian businessman has failed in her attempt to have their prenuptial agreement invalidated, reports RAPSI. Arkady Rotenberg divorced his wife, Natalie, in April of this year. The couple had signed a prenuptial agreement when they married, but after the marriage ended Natalie tried to challenge its validity in court, claiming that it placed her at a material disadvantage compared to her ex-husband. The court has now ruled that the agreement is valid and its terms should stand. Rotenberg is estimated to worth around $3.3 billion. If she had been successful in her legal challenge, his ex-wife could have been entitled to as much as half of the wealth that was accrued during their marriage. Contact our Family Solicitors in Aberdeen If you need help with a prenuptial agreement or any other family law matter, contact our specialist solicitors on 01224 370 028 or fill in our enquiry form today.
New Domestic Abuse (Scotland) Act to come into force in 2019
A new Domestic Abuse (Scotland) Act will come into effect in 2019, creating new protections for domestic abuse victims and recognising the importance of psychological abuse and coercive behaviour. New offences under the Act The Act introduces new offences, including a person engaging in a course of behaviour which is abusive towards that person’s partner or ex-partner. Abusive behaviour is defined as that which: The new law covers psychological abuse as well as physical abuse, recognising that domestic violence can take many forms, not all violent. Coercive and controlling behaviour, which cannot be easily prosecuted under existing law, will also be prohibited under the new Act. Reaction to the Act The Act has been greeted by support from many groups, including Grampian Women’s Aid. The charity hails it as providing improved protection for victims, and as a “culture shift” away from basing domestic abuse prosecution on proving that a victim has suffered physical harm, and towards recognising the trauma of emotional and psychological abuse. Humza Yousef, the Justice Secretary, has declared that £825,000 will be spent on a training scheme to assist police officers in dealing with domestic violence under the new law. Contact our Family Lawyers, Aberdeen For first-class legal guidance and representation on domestic abuse and divorce, or any other areas of family law, then contact our specialist family lawyers today.
