What does a family law solicitor cover in Scotland?
Family law solicitors advise on the legal side of relationships starting, changing and ending. Scots
family law is separate from the law of England and Wales, so English guidance often does not apply here.
Typical work includes:
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Separation, and the written agreements that record who keeps what, who pays what and
where the children will live.
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Children, including parental responsibilities and rights, where a child lives
(residence) and the time a child spends with a parent they do not live with (contact).
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Cohabitation claims when an unmarried couple who lived together separates, or when
one partner dies without a will.
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Prenuptial agreements and minutes of agreement that set out financial arrangements.
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Protection from abuse, including court orders that keep a person away from you or
your home.
- Alternatives to court, such as mediation.
Divorce and civil partnership dissolution, including how matrimonial property is divided, are covered in
our separate guide to divorce lawyers in Glasgow.
How do children's cases work under Scots law?
The Children (Scotland) Act 1995 sets out parental responsibilities and rights. The rights include
having the child live with you or otherwise regulating where the child lives, guiding the child's
upbringing, keeping up personal relations and direct contact if the child does not live with you, and
acting as the child's legal representative. For these rights, a child means a person under 16.
A mother automatically has parental responsibilities and rights. A father has them if he was married to,
or in a civil partnership with, the mother at the time of conception or later, or if he is registered as
the child's father under the rules in force since 4 May 2006. Other fathers can acquire them through a
formal agreement with the mother or a court order.
If parents cannot agree, either can ask the court for an order under section 11 of the 1995 Act. The
orders available include:
- a residence order, regulating who the child lives with
- a contact order, regulating contact with a person the child does not live with
- a specific issue order, deciding a particular question such as schooling
- an interdict, stopping a specified step being taken
The court must treat the welfare of the child as its paramount consideration. It must not make an order
unless doing so would be better for the child than making no order, and it must give the child a chance
to express views, taking account of the child's age and maturity.
What rights do cohabiting couples have when they separate?
Unmarried couples who live together do not have the same financial rights as married couples or civil
partners. Under section 28 of the Family Law (Scotland) Act 2006, a former cohabitant can ask the court
for a capital sum, or for a payment towards the cost of caring for a child of whom both are parents. The
court looks at economic advantage and disadvantage, including non-financial contributions such as
looking after a child or the home.
The time limit is strict. A claim must be made no later than one year after the day the couple stopped
living together. Where a cohabitant dies without a will and was domiciled in Scotland, the surviving
partner may be able to apply to the court under section 29, but must do so within six months of the
death. Parliament has passed a change that would extend that period to twelve months, but at the time of
writing it has not been brought into force. Because cohabitants have no automatic inheritance rights,
making a will is often an important step
for unmarried couples.
How do prenuptial agreements and minutes of agreement work?
A couple can record financial arrangements in a written agreement, either before marriage (often called
a prenuptial agreement) or after separation (usually called a minute of agreement or separation
agreement). On divorce, the court can set aside or vary an agreement on financial provision only where
it was not fair and reasonable at the time it was entered into. That is one reason each person should
take independent advice before signing.
What protection is available from domestic abuse?
Scots civil law offers several protective remedies. A court can grant an interdict for protection
against abuse and attach a power of arrest to it. Under the Protection from Harassment Act 1997, the
court can make a non-harassment order. Where spouses or civil partners share a family home, the court
must grant an exclusion order suspending the other person's right to occupy the home where that is
necessary to protect the applicant or a child of the family from conduct harmful to their physical or
mental health. If you are in immediate danger, call 999.
Are there alternatives to going to court?
The Scottish Government has described mediation and other out-of-court options as valuable in resolving
family disputes. Its family justice strategy lists mediation, arbitration and collaborative law among
the main alternatives. Where a court case involves parental responsibilities or rights, the sheriff may
refer that issue to a mediator at any stage. These routes are not suitable for every family,
particularly where there has been domestic abuse.
How do I choose a family law solicitor in Glasgow?
Look for a solicitor whose regular work is family law. The Law Society of Scotland runs a specialist
accreditation scheme, and its Find a Solicitor search lets you filter for accredited specialists, with
recognised areas including family law, child law and family mediation. Our guide on
how to choose a solicitor in Scotland explains what to
check.
Questions to ask at a first meeting:
- How much of your work is family law, and have you dealt with situations like mine?
- Are there any time limits that apply to me?
- Could mediation or another alternative to court work in my case?
- Who will do the work day to day, and how will you keep me updated?
- Do you do legal aid work, and am I likely to qualify?
- How will you charge, and will you confirm that in writing?
What does a family solicitor cost, and is legal aid available in Scotland?
Law Society of Scotland rules require a solicitor, at the earliest practical opportunity after taking
your instructions, to tell you in writing what work they will do and either an estimate of the total fee
or the basis on which they will charge. Ask whether you will pay for time spent or a fixed fee for a
defined piece of work.
Legal aid is administered by the Scottish Legal Aid Board, and you can only apply through a solicitor
who does legal aid work. Advice and assistance can help pay for a solicitor's advice on Scots law. Civil
legal aid can cover court proceedings where the Board is satisfied there is a legal basis for the case,
that it is reasonable to grant aid, and that you meet the financial test. You may have to pay a
contribution, and if you keep or gain money or property at the end of the case you may be asked to pay
some or all of the legal costs from it.
How to read the rankings on this page
Our rankings reflect published evidence, not a guarantee of service or of any outcome. Always check a
firm directly before instructing it, and see how we rank for the method.