Wed 03 Mar 2021
In this fourth podcast from our series on how to best represent your client at mediation, David Hossack and Laura McKenna explore some of the obstacles that lawyers might face when suggesting mediation and how to overcome them.
Article
Some separating couples can choose to divorce in Scotland or in England and Wales. That choice matters, as each system handles no fault divorce, funding and financial settlements differently. England and Wales offers no fault divorce and court‑ordered legal funding; Scotland does not, and values assets at separation. MFMac advises on both systems to help clients and their solicitors decide the jurisdiction that best protects their interests.
Article
It is becoming more common for couples to live together without marrying. People often refer to themselves as being in a "common law marriage" when they are in a committed relationship with a partner and live together. However, "common law marriage" is not a concept recognised under Scots law. Simply referring to your partner as your spouse will not make you married in the eyes of the law.