Is there a difference in offering divorce advice for women? There are a number of publications offering advice for men going through divorce, and just as many tailored specifically for women.? But in Scotland does the client?s gender really affect the advice tendered by a lawyer?
Divorce can be difficult and emotional and without good legal advice, mistakes can be made that are not easily rectified.? Typically solicitors provide divorce advice for men and women, following a marital breakdown on two main issues;
Children:
Whether there is disagreement as to who will have the children living with them, or what contact arrangements should be put in place, the law does not give the husband or wife a better claim on the ground of their gender.? Whilst parties are always free, and are encouraged, to discuss matters themselves, if a court is asked to make a decision on something that cannot be agreed upon it will consider all relevant circumstances including the emotional and practical needs of the children.
Before making any orders relating to children, the court;
- Regards the welfare of?the child or children as its paramount consideration;
- Will not make any?order unless it considers it to be in a child?s best interests;
- Considers the views of?the children, depending on their age and maturity.
Property / Financial Division:
In practice, the vast majority of cases involving the division of matrimonial property are resolved by agreement between the parties.? Whatever the background, and regardless of gender, the principles regulating the fair division of matrimonial property remain unchanged; the extent of the net matrimonial property requires to be determined and a decision made as to how this should be shared fairly between the parties.
Legal advice is based on the relevant law and tailored to the needs of the individual client.? No two cases are the same.
Even if you are hopeful that matters will be sorted out directly between you, early advice from a solicitor is recommended.? Whilst the questions posed by male and female clients may differ, the advice remains the same. Keeping the lines of communication open between you, your spouse and your children is as important following separation as it is during marriage.
If you?re looking for divorce advice specific to your circumstances, please get in touch.
