Archive for August, 2012

The Rights of Unmarried Couples following Gow –v- Grant

The rights of couples who live together in Scotland without being married were clarified by the Supreme Court earlier last month in the case of Mrs Gow –v- Mr Grant. Mrs Gow moved in with Mr Grant in 2003. He owned the house they lived in and Mrs Gow sold her flat in Edinburgh, spending [...]

Court of Appeal allows a fathers appeal for direct contact with his daughters after almost a 4 year period of no contact

The Court of Appeal yesterday ruled that a father that was denied contact with his children for almost three years, had suffered a breach of his parental rights. Three senior judges sitting at the Court of Appeal on 24th July 2012 ruled that it was not acceptable for the mother to obstruct the father’s reasonable [...]

Rise in divorcing couples obtaining a pension-sharing order

Upon divorce, more and more people are looking to share their pensions due to a lack of other assets being available and due to the average age of divorce couples rising. Furthermore, as older couples divorce, pension funds are increasingly likely to be the biggest source of wealth to be divided. The average age at [...]

The Child Support Agency (CSA) is to become the Child Maintenance Service (CMS)

In 3 month’s time, the Child Support Agency (CSA) will be replaced by the Child Maintenance Service (CMS). Many changes are proposed but the emphasis will be on encouraging parents to negotiate their own arrangements. The manner in which this is proposed is by offering mediation help, other kinds of assistance and financial incentives, as [...]

A LANDLORD’S OBLIGATION TO REPAIR

In law, there is no duty on a landlord to repair or to ensure that the dwelling is habitable There are limited exceptions to this, such as where a tenant is obliged by his/her tenancy to repair the inside of the dwelling but cannot comply by reason of the exterior being in manifest disrepair By [...]