As a family and divorce lawyer, I am here to guide you and your family through the challenging process of divorce and separation. My approach emphasises open communication and understanding, aiming to minimise conflict and foster amicable solutions. I am a CALM mediator, Collaborative Lawyer, FLAGS arbitrator and have been accredited by the Law Society of Scotland as a Family law specialist for more years than I can remember!
I have built a reputation for my compassionate approach, working closely with my clients to understand their unique circumstances. With over 25 years of experience, I am well versed in various aspects of Scottish divorce law, including child custody, spousal support, property division, and other related matters.
Clients come to me for support at many different stages of their divorce. Whether you’re in the early planning stages or navigating the complexities of asset division, I am here to guide you through the process and help you make informed decisions for a positive outcome.
When a civil partnership breaks down, formal legal proceedings are necessary to terminate the agreement. Similar to a divorce, I will support you through the process and help you draft a separation agreement. My goal is to make separation as positive as possible.
In my role, I specialise in providing mediation and collaborative services, creating a nurturing environment where discussions about your children can unfold smoothly. Through these processes, I aim to facilitate constructive communication and foster amicable resolutions that prioritise the well-being of your family.
Division of assets can be a major source of stress when separating. I’m here to help navigate the complexities of Scottish divorce law, evaluate all marital assets, and negotiate fair outcomes. I promote peaceful resolutions, and offer post-divorce planning on the lasting financial implications of asset division.
I understand how important it is for you to feel comfortable knowing that you’ve found the right divorce lawyer to guide you through this challenging time. This is why I offer an initial meeting fixed fee package at £350.00 + VAT at 20% for up to 75 minutes to ensure that you are confident in your decision.
During our time together, I’ll address your concerns, provide a comprehensive overview of your rights and obligations, and discuss potential strategies for your specific situation. My aim is to empower you with the knowledge to make informed decisions about your divorce proceedings.
I will transparently outline the costs of future services. This includes detailing any additional fixed fee packages that may be applicable to your specific needs. My commitment is to ensure clarity and openness regarding the financial aspects of my services, allowing you to make informed decisions about the level of assistance you require for your family law situation.
My billing is based on an hourly rate, but I’m open to considering fixed fees for specific tasks, providing you with cost certainty
To begin the divorce process, you should consult a family lawyer who can provide detailed advice on the specific procedure required.
They will assess whether filing in the Sheriff’s Court or the Court of Session is more appropriate and determine whether the simplified or ordinary procedure is the best fit for your situation.
Additionally, the lawyer will evaluate whether it is advisable to address issues related to children and finances before proceeding with the divorce.
The cost of a divorce in Scotland can vary depending on various factors. In uncontested cases, where both parties agree on the terms, the expenses may be relatively lower, typically ranging from a few hundred to a couple of thousand pounds.
However, if the divorce is contested, involves complex financial matters, or requires court appearances, the costs can escalate significantly.
Legal fees, court fees, and any additional expenses related to property division or child custody arrangements contribute to the overall expense. In certain cases, you may be eligible for legal aid to help relieve the financial burden. To get a better idea of how much your divorce will cost, book a detailed consultation with me.
You have the option of an immediate divorce if you can demonstrate that your spouse has either behaved unreasonably or committed adultery, making it impossible for you to continue living together.
However, if these grounds don’t apply, you may need to wait for a period of one or two years before becoming eligible to apply for a divorce. This waiting period allows for a more amicable resolution or time for reflection and potential reconciliation.
It’s essential to consider the specific circumstances and consult with a family lawyer to determine the most suitable course of action for your situation.
A simplified divorce, also known as a DIY divorce, requires that all assets are already divided and that neither party has outstanding claims against the other. You need to be separated for either one or two years, depending on your spouse’s consent. This method isn’t suitable if you have children under 16 or if your spouse has mental health issues. The process involves filling out a form, skipping the need for a writ or summons. The court serves the paperwork to your spouse, and their consent, if needed, ensures a straightforward divorce process.
At Cath Karlin Family Law, we offer a comprehensive fixed fee package. This allows us to gain a thorough understanding of your unique circumstances, enabling us to provide tailored advice on how to handle matters efficiently and cost-effectively.
A Separation Agreement is a legally binding contract, with certain parts immediately enforceable upon registration, like payments. However, for agreements involving property sales, court intervention may be needed.
Whether you need a Separation Agreement before divorce in Scotland depends on your situation, so consulting a family lawyer is advised. If there are property and child-related matters, it’s usually better to have an Agreement first. But if there are no such issues, divorcing without one may be suitable.
In a standard divorce procedure involving children or establishing grounds based on unreasonable behaviour or adultery, an undefended case typically takes about 8-12 weeks. If the case is contested, it might extend to one year or 18 months. Alternatively, using the simplified procedure can lead to a divorce within 8-12 weeks.
When court proceedings are involved, the control shifts to a judge, turning what’s personal into something more public. The confrontational nature of court can heighten conflicts, making it harder to find cooperative solutions.
The strict schedules, reliance on written records, and lack of face-to-face communication in court can impede effective understanding between parties.
Court processes are also known for delays, adding to prolonged emotional stress and financial challenges. Opting for out-of-court solutions provides more flexibility, respect, and personalised approaches to resolving differences, creating a more positive and collaborative experience for everyone involved.
Get in touch
How can I help?
If you’d like to arrange a consultation or find out if I can help you please do get in touch.
Main office call: 0131 202 9450
Direct dial call: 0131 202 9451
Address
Cath Karlin Family Law
51 William Street
Edinburgh
EH3 7LW
