Family Law Advice in Fife from Innes Johnston
At Innes Johnston we have a strong team of Family Lawyers who will provide practical advice and guidance, represent your interests where necessary and try to secure the best possible outcome for you and your family.
(Contacts for Family Law are Ann Oliver in our Kirkcaldy office, Jemma Forbes in our Glenrothes office and Mark Alder in our Leven office)
Divorce & Separation
If you are separating from your spouse there can be lots of issues to consider and deal with at what can be a stressful and emotional time. At Innes Johnston we have been advising on relationship breakdowns for many years. We will give you sound advice in a straightforward and sympathetic manner.
We recommend that you try to sort out issues relating to children and all your financial disputes before raising a divorce, if possible. If you are able to do this, the divorce can then proceed without you having to appear in court. Once issues relating to children and financial matters are sorted out or if you are unable to agree and need to resolve these issues in court, Innes Johnston will be able to deal with the divorce for you.
If you are able to reach an agreement on the arrangements for your children and/ or financial matters, the agreement can be set out in a formal written agreement known as a Separation Agreement.
The adoption of a child involves an application being made to the local Sheriff Court . Our family law solicitors will be able to advise you on the procedure to be followed when applying to adopt a child. If you wish to oppose an adoption order we will fully advise you on your position and represent you at court hearings.
Contact, Residence & Parental Rights and Responsibilities
In an ideal world when parents separate they will sort out the arrangements for the children amicably, having regard to the best interests of the children. Sometimes, for whatever reason, it is not possible for parents to agree between themselves which parent the children the parent should stay with and when they should see the non- resident parent. We can assist you with negotiating arrangements and if that is not possible raise or defend a court action on your behalf in relation to contact, residence and parental rights and responsibilities.
When the relationship between a cohabiting couple breaks down it is sometimes possible for one of the partners to make financial claims against the other partner. We will be able to advise you on whether you might have a claim and pursue or defend a claim for you, if appropriate. There is a time limit of one year for making a claim after the breakdown of a relationship so it is important to take legal advice from a solicitor on your position as soon as possible.
Prenuptial & Cohabitation Agreements
Before cohabiting or marrying couples can decide to enter an agreement on which each will or will not be entitled to if the relationship or marriage breaks down. Where a couple cohabit such agreements are increasingly common following changes to the law introduced by the Family Law (Scotland ) Act 2006. We can advise you on your position and tell you whether such an agreement would be beneficial to you.
Protection from Abuse
Various protective orders can be sought from the court for example interdicts with powers of arrest under the Domestic Abuse (Scotland ) Act 2011 and the Protection from Harassment (Scotland) Act 2001, Non Harassment orders under the Protection from Harassment Act 1997 and Exclusion Orders. We will give you advice on the appropriate course of action in your circumstances.If you are experiencing abuse you should contact the police immediately.
Ann Oliver in our Kirkcaldy office
Jemma Forbes in our Glenrothes office
Mark Alder in our Leven office