Taking Family Law Seriously throughout Fife and Beyond

The breakdown of a relationship is a stressful and difficult time for all involved. When children are involved emotions and tensions naturally run higher. You need your solicitor to be professional and compassionate and there when needed.  We offer robust and sensitive advice always looking to resolve differences amicably and cost effectively where possible. Our practice covers divorce, separation agreements, child contact and residence orders, parental rights and responsibility claims and dissolution of civil partnership.

 

We can also advise unmarried co-habitees in relation to their rights in respect of financial provision on separation in terms of the Family Law (Scotland) Act 2006. It is often forgotten that unmarried couples who lived together can claim against each other for a payment if they feel that the ending of the relationship resulted in a financial unfairness.

Contact and Residence Orders for Children

 

We regularly appear in Kirkcaldy and Dunfermline Sheriff Courts for parties looking to have a Sheriff make a decision about where a child should reside and how regularly they should see another parent. It is always best to try and negotiate these matters before going to Court and we have successfully resolved a great many of these important matters without going to Court. Ultimately though if matters cannot be agreed then there is no other option. Often once a Court action is raised the first time a parent generally has to attend Court and be a central part of the process is at a Child Welfare Hearing.

 

A Child Welfare Hearing is conducted in any way the Sheriff generally sees fit. By the time this hearing comes around the Sheriff will have read the papers lodged by both sides and will often be asked by one parent to make a order allowing them contact with a child or to decide about the residence of a child. The sheriff will normally make interim orders at this stage which means that they become legally binding but subject to variation at a future hearing. Sheriffs can and often do speak directly to parents and parents who are seen to be being unreasonable can often find themselves being directly called to account for their actions. We advise clients how to conduct their case in the best way to secure their relationship with their child while also looking to avoid being seen as unreasonable by the Sheriff. At Child Welfare Hearings the Sheriff can also instruct a Child Welfare Report to be prepared by an independent officer of the Court. These can often give the Sheriff an unbiased view of matters and allow an interim decision to be made.

 

Sometimes to resolve matters a Proof Hearing is fixed. A Proof is a civil trial where witnesses are called and evidence is led. We have a very successful record of acting for parents at Proof Hearings regarding the contact and residence of children.

Fixed Fee Divorces

£625.00 plus VAT and outlays

 

We are pleased to offer our clients a fixed fee divorce service where financial and child care matters are not in dispute. A formal Court action still requires to be raised where there are children of the marriage who are under 16. This is because the Court wants to make sure that the children have been at the forefront of the parents' minds when making arrangements for their divorce. No appearance in Court is normally required and instead important information can be lodged with the Court in affidavits. Affidavits are signed, sworn witness statements. Due to our expertise in obtaining this type of divorce we can typically obtain a divorce order within 6-8 weeks of first meeting with you. The current fixed fee for this type of divorce is £625.00 plus VAT and court outlays.

 

 

Fixed Fee Dissolutions of Civil Partnership

£625.00 plus VAT and outlays

 

We are pleased to offer the same fixed fee service for civil partners looking to have their civil partnership dissolved. This fixed fee applies where all financial and child care matters have been resolved but there are children of the civil partnership under 16 years of age. Our expertise in this area allows us to offer a first class service that typically results in the dissolution of the civil partnership within 6- 8 weeks. The current fixed fee for this type of dissolution of civil partnership is £625.00 plus VAT and court outlays.

Fixed Fee Adoptions

£750.00 plus VAT and outlays

 

We have a very good track record of successfully securing adoption orders of children. These are often on behalf of step parents looking to adopt a child of their partner's previous relationship. Adoption petitions are also often raised by relatives who look after children whose parents are deceased or no longer able to parent their child. We are often able to offer a fixed fee in respect of this these adoption proceedings which is currently set at £750.00 plus Vat and outlays. It has to be noted that when applying for an adoption order the petitioner is also likely to be responsible for the costs of obtaining a special report from a officer of the court called a Curator Ad Litem.   These reports are often expensive and this will be discussed at your initial consultation.

Kirkcaldy Office

McLaughlin & Co

Evans Business Centre

1 Begg Road

John Smith Business Park
Kirkcaldy

KY2 6HD

 

LP-19 Kirkcaldy

 

Tel:   01592 645 772

Fax:  01592 807 067

info@mclco.co.uk

 

 

Leven Office

McLaughlin & Co

Fife Renewables Innovation Centre

Ajax Way

Leven

KY8 3RS

 

LP-19 Kirkcaldy

 

Tel:   01333 424482

Fax:  01592 807 067

info@mclco.co.uk

 

Open Saturdays, evening appointments available.

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