Who is eligible for child maintenance payments following separation?

Separation often results in one parent being responsible for the majority of the everyday care of the children. A common result of this is that they also end up being responsible for the everyday costs. Child maintenance is financial support paid by the parent who does not have day-to-day care of the children. It can be paid to the other parent, the child or a grandparent, or other guardian.

Child support payments are usually agreed between

Legal separation in Scotland can be a difficult step to take but it is important to prepare yourself for what happens next. Here are 5 things you need to know.

1. How do we separate?

Couples usually separate when someone moves out of the matrimonial home. A solicitor can provide clarity on this by producing a separation agreement for spouses, civil partners or couples who have been cohabiting.

2. Who needs to know we have separated?

After separating you may have a responsibility to inform

Do you need separation or divorce legal advice?

The recession has meant that many couples who are going through a separation or divorce cannot afford for one of them to move out of their matrimonial home. This situation is far from ideal and can cause conflict and tension within the household.

A question routinely asked by clients is "can they ask their spouse to move out of the matrimonial home?" The answer is yes but the spouse has to agree. This is because married couples

We are often asked by clients what kind of financial support is available post-divorce/post-separation/post-civil partnership?

Husbands and wives/civil partners have a legal duty to aliment one another during marriage or whilst in a civil partnership. This means that they have to financially support one another. This duty continues in the form of aliment after separation until divorced or the civil partnership is dissolved. After divorce/dissolution there may also be a duty to pay a periodical allowance for a period up to 3 years after the

Cohabitation law including cohabitation rights, came into force in 2006 through the Family Law (Scotland) Act 2006 (the Act). The Act contains provisions for dealing with financial issues when an unmarried couple separate. Cohabitation is a less formal relationship than marriage and the legal rights available to each person when they separate are not nearly as extensive as if they divorced.

There are a number of common myths amongst cohabiting couples:

• We are common law husband and wife
• Cohabitation rights are the same as married

A separation agreement in Scotland is often a useful document as during separation most couples want to initiate some discussion in relation to the division of the marital assets, or have put in writing what has already been agreed between them. Either way, your solicitor is likely to recommend entering into a Separation Agreement. So, what is a Separation Agreement in Scotland and what needs to be agreed before one is entered into?

What is a Separation Agreement?

Sometimes referred to as a 'Minute of

When parents are going through divorce and separation - what happens to the child benefit? A child can often divide his or her time between two households over the course of a week. This can be an ideal arrangement, allowing the child to maintain a close relationship with both mum and dad. There can however be unforeseen financial implications if either or both parent receives benefits.

Shared care does not mean shared benefits. This can cause significant practical difficulties where one or both parents rely

When a relationship breaks down, there are lots of questions at what is a very emotional and anxious time. If you are going through a divorce or separation, what is the best way to deal with this. Is it mediation, or Court?

It is always wise to speak to a solicitor at an early stage who should explain:

• that every situation is different and what works for one person will not necessarily work for another
• outstanding issues can be resolved without acrimonious exchange of lawyers'