Pre Nups for Pets: Do They Exist?
A recent study has revealed that prenuptial agreements for pets are few and far between in Scotland with eight out of ten people thought to not have considered what happens to their pet. Despite animal care being one of the aspect that is often argued about, a mere 4% of Scottish couples have put in place a prenuptial agreement that states who would get custody of the pet in the event of a relationship breakdown. According to the study, a prenup to just include pets would be more common for young people. Although only 4% of the couples involved in the survey had a pet prenuptial agreement, 16% of all those surveyed stated that they would care about who got to care for the pet if they separated. Many of those surveyed also stated that they would worry that their pet could be used as a bargaining chip when negotiating any sort of settlement. Tracey Maloney, Head of Private Family at The Co-operative Legal Services, who conducted the study said: “Pets are increasingly being seen as part of the family, and when relationships break down, it’s only at that point that couples begin to think about who will gain custody of their pet. “A prenup agreement can help couples make these important decisions in advance, so that if the worst does happen, both parties are clear on who will gain custody of their pet.”
Property Tycoon Facing UK’s Largest Divorce Settlement
A property tycoon who sits on the board of Formula One team Lotus is facing one of the largest divorce settlements seen in the UK after it was announced that he was splitting from his wife after 18 years. Andy Ruhan, who is estimated to be worth more than £200 million began divorce proceedings last year ending almost 20 years of marriage. However, according to the Sunday Times a divorce settlement may be delayed due to a disagreement with business partners. Mr Ruhan is being sued by his former business partners for a share of the profits from the sale of 37 Thistle hotels in the mid-2000s, but the case is not due to be heard at the High Court until next year. Divorce Proceedings It is unknown what Ms Richardson-Ruhan is will attempt to claim, however, in the papers she stated that her estranged husband ‘became emotionally distant’ and ‘detached from the marriage’. However, with a substantial fortune and numerous court cases expected it remains to be seen what she will attempt to claim. The news comes despite a report finding that often money issues were the main reason for divorces in the UK. A survey found that seaside towns throughout the UK were more likely to see divorce, with many citing the pressure of earning as one of the main reasons. According to statistics, the divorce rate in the UK as a whole was 8.2 percent last year, according to figures from the Office for National Statistics. The increase in the number of divorces is being driven by those aged 50 to 64, than in younger age groups. Obtaining a Divorce Getting a divorce can be one of the most difficult things to do with the breakdown of a relationship being a difficult and emotional time. In Scotland, there are two grounds for divorce with unreasonable behaviour being the most common reasons for divorce, with many things falling under said banner. You can seek a divorce if the marriage has broken down irretrievably or that one of the partners to the marriage has an interim gender recognition certificate. Furthermore, if you have been living apart for two years, you will be able to apply for a divorce regardless of if your partner agrees to such a request. If you have no children under the age of 16 and have agreed about how to split capital and the estate then you can obtain a simplified divorce which tends to be cheaper, however, if you cannot agree about some of the conditions of the divorce, or if you have children under the age of 16, you must go through a solicitor when obtaining a divorce. Contact Us Getting a divorce can be an exceptionally difficult time for you and your family, and at Family Law Aberdeen we understand how difficult such proceedings can be. We aim to make the process as straightforward and stress-free as possible. If you require the advice of our team of solicitors regarding any family matter, or if you wish to begin divorce proceedings, contact us today using our online contact form.
How Can You Protect Your Assets Without A Prenuptial Agreement
Prenuptial agreements can be one of the most effective ways to protect your assets if you get married or are in a partnership and you end up divorcing or separating. While some feel that prenuptial agreements should not be needed, divorce and separation are sadly a part of modern day life. Therefore it is perfectly acceptable to plan ahead if the event occurs. In the unlikely event that you will need a prenuptial agreement, you are ensuring your assets are protected, however, many do not wish to plan for the breakdown of a relationship. What can you do rather than arrange a prenuptial agreement that protects your assets? Keep Your Funds Separate There is always a risk with joint bank accounts that one breadwinner may feel like they own more or put more into the pot. With money going in from two people, it can be hard to keep track of exactly what you have put in or are trying to save. There is an easy way to solve this, and although it may not be the most diplomatic for your relationship you can always keep funds separate and come to an agreement over who pays what. This prevents courts attempting to split up your cash or decide who should get the majority of the capital in the event of separation. Keep Your Own Property Many couples live together; however, this was not always the case. Some people own a property before getting married, and when they do, this becomes part of their estate. However, if you put the other person’s name in the deed a court could assume that you gave the property, or agreed to share the property with the other person or given it to them as a gift. Therefore, it is advisable to keep your property separate and decide what to do if you wish to sell the property. Extra properties can also prove to be beneficial with extra income if you chose to lease the property or sell it when the housing market is at its peak. If you are doing any work or maintaining the property, it is important that you try and do this with non-marital funds or part of your finances and keep proof. If your relationship was to break down and your property was separate, but much of the work was paid for your partner, they would be able to claim some ownership of the flat. Keep Pre-Marriage Records It is important to keep records before you are married, you should get statements before you get married as well as a valuation of your business prior to a partnership of any kind. While a prenuptial agreement is the ideal way for specifying how assets are to be divided should there be a dissolution of marriage by following these steps you may be able to avoid putting such an agreement in place and retain the majority of your assets if your relationship ends. Contact Us We understand the difficulties that can arise in the breakdown of a relationship. If you require our solicitors to begin divorce proceedings or if you wish to create a prenuptial agreement contact our team of family solicitors using our online contact form.
Social Media Significant Factor in Marriage Issues
According to research carried out by Slater and Gordon a quarter of couples argue due to their partners use of social media. Just under 50% of adults in the UK admit that they have secretly checked their partners social media accounts with one in five arguing as a result of what they found. It is believed by some that social media is a significant factor in arguments with just under 25% or the 2,000 married persons surveyed stating that they had at least one argument a week with their partner due to revelations found in social media. 17% said they rowed every day because of it. “Marriage Minefield.” Head of family law at Slater and Gordon, Andrew Newbury, who carried out the report stated: “Five years ago Facebook was rarely mentioned in the context of a marriage ending, but now it has become commonplace for clients to cite social media use, or something they discovered on social media, as a reason for divorce. “With more than 556 million people using Facebook each day, the way we live our lives, and our marriages, has drastically changed. We are finding that social media is the new marriage minefield. “Social media, specifically pictures and posts on Facebook, are now being routinely raised in the course of divorce proceedings. “It wasn’t just what their partner was doing on social media but also how long they spent on it that was likely to cause marital problems with Facebook usage topping the list of reasons couples argued over social media.” Social Media Leading to Divorce The argument often occurred as a result of inappropriate pictures or contact with an ex-partner. Facebook was considered to be the most dangerous of the social media tools with Whatsapp and others close behind. 10% of those surveyed admitted that they hid certain things from their partner, with 8% admitting that they had secret accounts. In total 15% admitted that they believed social media was dangerous for their marriage and could be a reason for divorce. Over 50% admitted that they knew their partners login details without their partners knowledge. The author of the report stated that social media was certainly a cause for divorce and could make it worse. He said: “Divorce is already a stressful time for everyone involved and what is being posted on Facebook can antagonise families and make a speedy resolution more difficult to achieve. “We are now actively advising our clients to be cautious when it comes to using Facebook and all forms of social media because of its potential to damage relationships.” Contact Us At Family Law Aberdeen, we understand the difficulties that surround a divorce and can provide you with the legal advice and representation to ensure that you are given the support required. If you wish to begin divorce proceedings or wish for some legal advice on the matter, our team can help. Contact us today using our online contact form or call us on 01224 370 028.
Childcare Not Good Enough to Suit Working Scottish Families
A new study has found that one in six councils do not have the capacity to meet the needs of working families. The report which comes from the Family and Childcare Trust said 15% of local authorities in Scotland had enough childcare for parents who worked full-time. The research worryingly showed an 8% decrease in the number of councils that stated they could meet the needs of working families, with 23% believing they had the resources in 2013. Government Policy The Scottish government currently have a statutory duty to offer and provide 600 free hours of childcare for children between the age of three and four, with the latest amendment to the policy making it compulsory for councils to be more flexible and offer more choice to parents who are working in order to meet their needs. Research from the Family and Childcare Trust has shown however that for many families it is not an option due to the limiting offers from the council. Despite this, many councils felt that the care they offered was adequate for working families and was appropriate to their needs. “Sufficiency Far More Acute” Lead researcher Jill Rutter said: “The sufficiency issue is far more acute in Scotland than it is in England. “It is partly because Scotland has a far higher proportion of inflexible public sector provision. “It is also more difficult to deliver childcare in sparsely populated rural areas and deprived urban areas. “In England there have been a number of initiatives to deliver more flexibility for working parents.” Although many of the political pledges had stated that they would make a vast difference, the research from the organisation has found that for many, it is simply not enough. Extended Funding The Scottish Government has already agreed to extend the funding of free care for as many hours, The Scottish First Minister, Nicola Sturgeon said: “We already deliver 16 hours a week of free childcare for all three and four years old. “From August next year, that entitlement will extend to 27% of two-year-olds as well. That is more hours of childcare than in any other part of the UK, and we should be proud of that. “But so important is good quality, extensive childcare to the school performance and life chances of young people, that we will go further still.” The First Minister’s party also pledged that they would be looking to extend the amount of free care offered to children. Increased Cost On top of the failed targets regarding childcare, the report from the Family and Childcare Trust found that many of the private childcare were raising their prices. Indeed, many working class families had to pay for childcare due to their inability to obtain any free child services. The survey found that on average, childcare in Scotland rose by 4%, with the cost of childcare being around £6,000 a year. A Scottish Government spokesperson said: “The cost of childcare can be a real challenge for families. That’s why we have committed £329m to expand free early learning and childcare for three and four-year-olds by almost half to 600 hours. “We have also targeted the most vulnerable and hard-pressed families of two-year-olds and given them access to free nursery places for the first time.” Contact Us If you require legal advice regarding childcare or any aspect of family law, or if you require legal advice for your child, contact us today using our online contact form.
Fostering Children Moving Too Often Report Finds
A report from the Fostering Network has stated that too many children are moving too often in care, with almost 50% of foster children with their third foster family. The survey carried out by the Fostering Network found that over 30% of children between the age of 5-10 were living with their third foster family. Furthermore, 8% of all foster children living with their tenth or more foster family. According to the foster network over 5,500 foster children, currently live with around 4,400 foster families in Scotland. Fostering in Scotland The Fostering Network estimates that fostering services need to recruit around 750 new foster carers across Scotland in order to meet the number of children expected to be in the foster care system in the next year. The study from Fostering Network found that the number of children being moved around or changing houses and location is detrimental to their education and upbringing. It also found that constant moving affects the child’s well-being and their ability to build relationships later on in life. Many of the children in foster care are forced to move due to foster parents no longer being able to look after them, no longer being able to afford to have them or due to the child suffering neglect during their stay. Needing More Foster Families Sara Lurie, director of The Fostering Network Scotland, said: “As each year passes, we see more and more children coming into care. “We need people who can open their heart, and their homes, to vulnerable children and young people and use their skills to help support them to reach their full potential. “In particular we need people who have the skills, patience and passion to look after teenagers who may have had a really tough time and be facing some real challenges, and to offer them love, stability and security. “A good foster carer will believe in the ambition of the children in their care in the same way they’d believe in the ambition of their biological family members.” Childcare in Scotland Whether it be due to the breakdown of a relationship or if you require guidance regarding going through the breakdown of a family relationship or childcare our team of solicitors can help. We can advise on negotiation, mediation, collaboration and court processes and offer tailored advice to you and your situation as well as offer advice regarding fostering and other aspects of family law. It is important to note that you may not need your day in court with many parents encouraged to try and negotiate childcare themselves before going to court. Get in Touch Today If you require legal advice regarding foster care, divorce, a breakdown of family relationships or any other family law matter our team of family solicitors can help. We understand the strain and pressure that you may feel regarding any aspect of childcare or family law and can offer you the support and advice needed. Get in touch today using our online contact form.
How Could Cohabiting Couples Legally Protect Their Assets
Cohabitation is one of the most common living arrangements in the UK, with more than six million cohabiting couples in the UK. Although there are some rules in Scotland in place to protect those cohabiting, there are numerous steps that couples can take to further protect themselves. Create A Will Cohabitants do not automatically have the rights to their partners assets. Therefore, if you wish to bequeath items or part of your estate upon death, it is imperative that this is documented in your will. Cohabitation can also lead to a confusing state of affairs, therefore it is important that your will is a legally binding document that has been reviewed by a skilled solicitor. A will is vital to ensure that your estate is left to those you wish. Look Into A Cohabitation Agreement If you are cohabiting with your partners, a cohabitation agreement should be put into place. Such an agreement show what asset each partner is bringing to the relationship and how they should be divided in the event of the relationship ending. By having a clear understanding of who owns what, and who possess items upon the termination of a relationship. Complications can arise such as one partner owning the property, but both paying the mortgage, therefore it is crucial that issues such as this are well thought out and planned for if the relationship doesn’t last. Due to the complex nature of cohabitation agreements they can be relatively expensive, however, having one in place can save you money in the long run. Use Proper Legal Channels Whether it be creating a will or buying a property, it is important to plan through the correct legal channels. When buying a property, it is important to discuss how the property will be bought as joint tenants or tenants in common. When buying a property with a partner, it is important to seek legal advice in order to establish what occurs upon the death of a partner, or who owns the property. Damien Fahy from finance site moneytothemasses.com said: “Cohabiting couples have no legal rights to remain in a property – or to take a share of any assets not owned by them – should they split up. “This is why long-term partners should arrange either a cohabitation agreement or declaration of trust, laying out who owns what and how these will be distributed on separation.” There are fewer tax advantages to couples that do not marry. Therefore, it is important to plan ahead and analyse what taxes could come into effect when putting together your arrangement. Contact Us If you require legal advice or a representative regarding a cohabitation agreement, the creation of a will, tax planning or any other matter regarding family law, our team of skilled solicitors can help. Contact us today using our online contact form or call our customer service team on 01224 370 028.
Childcare Should Be Shared Equally According to Latest Survey
A survey has found that the majority of those living in the UK believe that childcare should be shared equally between parents. The results following the announcement of shared parental leave in the UK, with 53% of those surveyed believing that there was an duty of care on each parent and that childcare time should be split equally. More than half of all male voters believed that it was important to divide the time equally in regards to childcare, with 50% of women also agreeing. 22% of those who responded to the survey stated that they believed it was up to individual couples to decide how their child was cared for, and they should have the right to divide the responsibilities based on their responsibilities. The survey highlighted the changing attitudes of the British public, with just under 25% of those surveyed believing that the care of a child should lie with the mother. Shared Parental Leave From April 5th shared parental leave will apply in the UK meaning that parents will be able to split 50 weeks of leave and 37 weeks of paid leave between them in the first year of the child’s life. The move, which was brought in by the UK government, aims to aid parents, employers and create confidence for new parents when bringing up children. Employment Relations Minister Jo Swinson said:“This survey shows people are rejecting dated stereotypes about the roles of men and women. Parenting is a shared endeavour and couples want more flexibility when they are adapting to the demands of a new baby. “Shared Parental Leave will let couples choose how to share their childcare responsibilities in whatever way works best for them, and enable both parents to spend time developing that vital bond with their baby in the early stages.” Flexible Pattern Parental leave can be taken in blocks or employers can agree to a flexible pattern of leave to aid new parents. 75% of fathers surveyed stated that they would have taken more or shared parental leave if it was available at the time. The Opinion Matters survey of over 2,000 people, showed that 80% of those asked would consider taking shared parental leave when they became parents. 6 in 10 males believed that as a result of shared parental leave it would help them create a stronger bond with their child, with 44% stating that the shared parental leave created a fairer system. A third of those surveyed believed that sharing responsibility would improve their relationship with their partner with 57% of males believing that it would help create a better family dynamic. Deputy Prime Minister Nick Clegg said: “This Edwardian notion that women should stay at home while men go out and support the family has simply no place in this day and age. “We know that mums and dads want more flexibility and choice when it comes to juggling their home and work lives. “That’s why we’ve introduced Shared Parental Leave so that parents can make their own decisions about how to raise their family, whether it’s giving women the choice to go back to work earlier or men the opportunity to spend more time with their children.” Contact Us If you require legal advice regarding any aspect of family law, or require legal representation over a legal issue such as a shared parental leave, contact us today using our online contact form.
Statistics show Family Breakdown Linked To Youth Homelessness
Arguments at home and a breakdown of family relationships are some of the major reasons for children and youths becoming homeless according to a leading charity. The Edinburgh Cyrenians believe that arguments at home are driving children away, with the group stating that more needs to be done to tackle attitudes towards conflicts at home behind closed doors. According to statistics from the Scottish government, almost 5,000 young people became homeless in 2014 with the breakdown of relationships being cited as the main reason for youngsters leaving. Organisations Set Up The Scottish Centre for Conflict Resolution (SCCR), run by Edinburgh Cyrenians was set up to combat the rising amount of young homeless people and support families with advice on how to solve conflicts. The organisation, which is funded by the Scottish Government have experts to provide advice on health care for those who have recently been cast out. The group is aiming to “springboard to safeguard the life chances of Scotland’s youngsters.” A survey by the charity found that one in four young people consider leaving home each month, with the SCCR warning that the current statistics are merely “the tip of the iceberg” with many households continually arguing behind closed doors. Breakdown of Relationships Ewan Aitken, Edinburgh Cyrenian CEO said that they cannot afford to wait one minute longer in tackling abuse and youngsters leaving the safety of their home. He said: “We cannot wait one minute longer to address the pervasive problem of conflict in Scottish society. “Every year thousands of young people become homeless, their life chances left in tatters, because of family breakdown, while many other parents and young people struggle behind closed doors.” Speaking at an event to support the SCCR James Wolffe QC, said: “Mediation and other methods of alternative dispute resolution have increasing importance in our justice system – and, more broadly in seeking to address conflict in our society.” “The vision of the SCCR is to change the culture of conflict in our society. “In particular, the Centre seeks to reduce family conflict and help young people avoid homelessness because of family breakdown. He added: “That is an aim which we can all share, and which the Faculty is glad to support.” Least Protection For Youngsters A survey from The Children’s Society has shown that youngsters aged 16-17 are the least likely to be protected from the law and are at the most risk in regards to neglect or abuse, with the age group being the most likely to be failed by their caregiver. A survey found that almost 25,000, or one in 50, teenagers are at risk. Contact Us If you require legal advice regarding abuse, neglect or a failure in a duty of care at home, our team of dedicated family lawyers can help you start legal proceedings. Contact us today if you require any legal advice or representation regarding any aspect of Scottish family law. Get in touch by calling us on 01224 370 028 or get in touch using our online contact form.
Courts Failing Domestic Abuse Victims
According to a freedom of information request. domestic abuse courts are failing victims due to significant waiting times for courts to settle a case. Figures released showed that cases that were expected to be heard in eight weeks, were taking twice as long, with one case taking 75 weeks to conclude. Despite the findings, the Scottish Court Service, SCS, insists that these delays were not a result of cutbacks. “Putting Pressure on Victims” 13 courts have closed in Scotland in 2014, with a further four expected to close in early 2015 as a result of a lack of expenditure in Scottish courts. Kim Leslie, convener of the Law society’s civil justice committee said: “The impact of a delay on a victim is extraordinary. “Justice delayed is justice denied. It is very stressful going to court for most of us. “The idea of having to wait longer for your case to be heard can only be putting pressure on victims, witnesses, everyone involved in the process.” Despite the cutbacks, the SCS said it was putting more money into Scottish Courts to try and aid workers. Clare’s Law The figures on domestic abuse come after Police Scotland announced at least 15 people had signed up to the new pilot scheme tackling domestic abuse, currently being tested in Aberdeen. The pilot, also known as Clare’s law, looks to inform someone if their partner has had a history of domestic abuse, as discussed in our last blog post. If successful in the six month trial period, the pilot could be rolled out across Scotland. Last year, Police Scotland reported that the number of common assaults linked to domestic abuse rising by 78% on last year. Police Crackdown Police Scotland also announced yesterday that they would be looking to clampdown on all cases of domestic abuse in Scotland over the festive period with a fear that excessive drinking and times spent with relatives increasing domestic abuse. In Edinburgh, police announced that those who have been banned from certain areas or approaching certain people, run the risk of on the spot arrests if they breach their court order. In the Scottish Capital, police deal with on average 15 cases of domestic violence a day with over 5,500 cases of domestic abuse a year in Edinburgh alone. There is, on average, a domestic incident every nine minutes in Scotland. Contact Us For legal advice regarding domestic abuse or family law contact our specialist solicitors today for confidential legal advice.
