We believe the family lawyer’s task is to help you get from A to B in the best way possible despite difficult circumstances - and to resolve any complex matters in your interests along the way.
Always careful not to make a challenging situation worse, we take a considered, down to earth approach to finding solutions for our clients and their families.
Richard Smith, Head of Family & Divorce Law
Richard Smith and Jennifer Wilkie are two of Scotland’s most experienced lawyers in the field of family and divorce law.
They are passionate about ensuring that their clients' interests are managed in a way that is as free from acrimony as is possible.
Their focus is on providing you with smart solutions and problem-solving thinking, not aggressive posturing.
By adopting this straightforward approach, the family team at Burness Paull ensures the impact of separation is minimised as far as is possible for the families they support.
Problems resolved amicably leave people in a better place than may otherwise have been the case.
If you require best-in-class advice and service on any aspect of family law we can assist.
How our team can help you:
Divorce and separation agreements
You will benefit from the team’s vast experience of providing well-thought-out agreements that cover how assets should be divided.
This can include items such as:
- Property
- Shares in private limited companies
- Partnerships
- Farming interests
- Trusts
- Share options
- Pensions
- Foreign assets
We can also ensure you get the best possible guidance with regard to valuation issues, the structure of legal vehicles and tax implications.
Child-related issues arising between separated couples
A key priority for families, we can provide support on child-related issues on a standalone basis or in addition to resolving a separated couple’s financial affairs.
Our family law team can assist in helping you with sensitive solutions to agree:
- The time a child spends with each of their separated parents
- Who a child lives with
- Specific issues that arise such as whether a parent can relocate overseas with a child
- Which school a child goes to
- Whether a child should have medical treatments
Cohabiting couples separating
More and more couples live together without marrying - and many of those couples separate in the same way as married couples. The law allows financial provision to be made between cohabiting couples if they separate. The law is very different from that applying to married couples but many of the issues arising are similar. We can ensure these are worked out to your satisfaction.
Asset protection
Couples now often, and sensibly, enter into pre-nuptial or post-nuptial agreements or cohabitation agreements to contract for what should happen to their assets in the event of separation.
Burness Paull’s family lawyers also provide input where families are restructuring their business interests or money is being passed down the line, and advise individuals on such matters.
International and cross-border issues
In the modern world people are increasingly mobile in terms of their residency status.
This has led to an increase in cross-jurisdictional issues, and the law has been made more complex by Brexit and the resultant effect on European Law.
Jurisdictional rules in Scotland are such that Scottish-domiciled individuals can apply for divorce in Scotland.
Our family lawyers advise individuals living abroad divorcing in Scotland, as well as on recognition and enforcement of incoming foreign court orders and enforcement of outgoing orders abroad.
We can also advise those with foreign assets on the most appropriate choice of jurisdiction for dealing with their legal issues.
Adoption
Family structures are evolving and more and more people are choosing to adopt children. Adopting a child is of course a big step and we can guide you through the process.
Whether you are a step-parent adopting your step-child or an individual or couple adopting through an adoption agency - we can help you to formalise your parent-child relationship.
Meet the team
Richard Smith
HEAD OF FAMILY & DIVORCE LAW
Richard is Head of the firm's Family & Divorce team, and with more than 25 years of experience, he is one of Scotland's leading Family and Divorce lawyers.
He acts for many professionals and members of the business community, and their spouses; and has attracted work from high-profile individuals, recognising the additional sensitivity this brings.
Richard regularly deals with cases involving the valuation and division of business interests and is skilled at dealing with high conflict child related matters involving issues such as relocation of children overseas; where a child should live; and how much time a child should spend with each parent.
He is passionate about focussing on constructive resolution, and is a skilled mediator for people looking for that way of dealing with things.
He is rated Band 1 in the Chambers UK legal directory and has been described as "outstanding" “one of the best in Scotland” and “extremely personable”.
"Our aim is simple – to provide the very best advice to people we help, and to get them to where they want to be in the best way possible, despite the very difficult circumstances they face."
Jennifer Wilkie
PARTNER
Jennifer is a hugely respected and experienced Family & Divorce Lawyer. Her principal focus is helping people with separation and divorce, pre-nuptial agreements, and those needing advice with international considerations.
Jennifer is a Fellow of the International Academy of Family Lawyers (IAFL) - a worldwide association lawyers recognised as the most experienced and skilled family law specialists in their respective countries. She is Vice Chair of the American Bar Association - Section of International Family Law (ABA SIL) and a member of the International Association of Young Lawyers (AIJA).
Jennifer is a mediator and often works alongside counsellors and other professionals in helping her clients. Jennifer works with the people she looks after to find creative and practical solutions which will benefit them and their wider family.
Jennifer is ranked in Chamber’s and Legal 500 legal directories with clients noting: "Jennifer is very pragmatic, constructive, and manages to resolve matters in difficult situations."
"There is a human being at the heart of everything that we do, often struggling with the complicated emotions of separation. Most people want to find a resolution and our role is to steer them along the right path to achieve that."
David Coutts
DIRECTOR
David is a Director in our Family & Divorce team. He is one of a small number of lawyers in Scotland dual accredited by the Law Society of Scotland as a specialist in both Family Law and Child Law. He is also certified as a Trauma-Informed Practitioner which gives him the skills to help people who have been through very difficult experiences.
David has acted for people from all walks of life, with varying backgrounds and occupations. He has also acted for several local authorities and private schools. This has seen him deal with diverse and complex situations, covering a broad range of family law issues.
“A ‘one-size fits all’ approach doesn’t work. It is essential that clients feel listened to and get value for money. That can often mean telling clients what they may not want to hear, but the best family law advice focuses on the ‘bigger picture’ and presents clients with a clear route through their current situation, focussing on their long-term goals and aspirations.”
Nilah Ulhaq
ASSOCIATE
Nilah is an Associate in our Family & Divorce team. Nilah offers clients bespoke advice on a wide range of family matters, including separation and divorce, child-related issues and asset protection via pre- and post-nuptial agreements.
Nilah recognises the effect of family disputes on the wider family unit and is there to help. She focuses on the bigger picture to achieve the best possible outcome for people and their families in the long term and in a way that works for them. Nilah is calm, personable and always aims to go the extra mile for her clients.
“I know we are often helping people through a very difficult period in their life and with that in mind, I think it is important to do all I can to ease that difficulty, not add to it.”
Anna McCorquodale
SENIOR SOLICITOR
Anna is a Senior Solicitor in our Family & Divorce team. Anna has experience advising individuals on a variety of family law issues including financial provision on divorce, separation agreements, cohabitation claims and child-related matters.
Anna is personable and approachable. She understands the emotional and practical challenges involved when family relationships breakdown. Her approach is to provide tailored advice to individuals and she supports people in finding the best solutions for their family.
“Every family’s needs are different. It is really important to listen to a person’s situation and then figure out how best to support them .”
Emily Harley
SOLICITOR
Emily is a solicitor in our Family & Divorce team. Emily works with all members of the team to advise clients on a wide variety of family law issues including divorce, cohabitation and child-related matters.
Emily is approachable and enjoys getting to know her clients. She is understanding of the difficult positions her clients may find themselves in and the importance of offering bespoke advice.
