Mon 14 Apr 2014
Infographic: Divorce
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When Creative Thinking Changes the Law
This article examines a landmark Scottish family law decision which confirmed that, in exceptional circumstances, future legal fees can be considered as part of a claim for interim aliment. The case successfully challenged a long-standing interpretation of the law and may improve access to justice for individuals who cannot afford legal representation during divorce proceedings.
When the evidence becomes the allegation: The uncertain role of surveillance evidence in Scottish family cases
As awareness of coercive control grows, Scottish courts are increasingly facing difficult questions about surveillance evidence and whether the methods used to gather it may themselves be viewed as abusive behaviour.
Reflections on Compensation and Fairness in Family Law
Research from the University of Exeter has reignited debate about whether divorce law adequately recognises the financial impact of family caregiving. This article explores how Scottish family law addresses economic disadvantage following separation and whether existing provisions could play a greater role in promoting fairness after divorce.