Saturday, May 31, 2008

Dreaming



Well it is the weekend, after all.

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Thursday, May 29, 2008

Parenting Classes

Further to my post Divorce Coaching Christina McGhee, the presenter of Channel 4's How to Divorce Without Screwing up your Kids is lobbying Scottish politicians to replace the current potentially damaging adversarial system of marriage and relationship breakups with parenting classes and family mediation.

According to the Online Journal today Relationships Scotland, formerly know as Family Mediation Scotland (the change must be very recent as this is the first I've heard and there is nothing on the FMS website to indicate there has been a change) would like to see Scotland’s legislators make attendance the norm for parents who are separating.

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Solicitors Conduct & Service Standards


Hurray!! The Law Society of Scotland is reviewing solicitors standards of service which are about the service provided by a solicitor and/or the solicitor firm and the standards of conduct, which are about the behaviour of individual solicitors.

The standards of service are to clarify what those using legal services can expect from their solicitor. As part of the review process a questionnaire consultation on the professional standards has been launched and it along with drafts of the standards of service and standards of conduct are here.

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Tuesday, May 27, 2008

Legal Aid


Further to this post about the Glasgow Bar Association voting for industrial action Justice Secretary Kenny MacAskill announced at the Law Society of Scotland conference in Edinburgh last Friday that there is to be an increase in the level of civil legal aid payments and a new scale of payments for complex family law cases. Although the rise was welcomed there is concern that it might still not be enough to safeguard the future of civil legal aid in Scotland.

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Saturday, May 24, 2008

Cohabitation


Another article by John Fotheringham, Fyfe Ireland this time about the Scottish rights of cohabitants when the relationship breaks down written for English legal practitioners here at Family Law Week. The Family Law (Scotland) Act 2006 was introduced in May 2006 and John reports the scheme is working well.


The salient points are;


1) there is no minimum period of cohabitation before either party may seek payment from the other in respect of the economic disadvantage which she/he has suffered as a result of the relationship

2) the amount of the claim will depend on the extent of the economic disadvantage of the pursuer

3) there is no claim to the sole or main residence in which the cohabitants live unless it is already in joint names

4)the claim on separation must be made within 12 months or in the event of intestate death within 6 months

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