Welcome to the latest edition of the Burness Paull Family & Divorce team’s newsletter. 

As a partner in a team embedded in Scotland’s family law market, I see first-hand the legal, practical and personal issues shaping outcomes for individuals, children and families. Family law issues can arise in many different contexts, often unexpectedly and at sensitive moments where careful, specialist input can make a real difference. 

In our inaugural Family Law Team Newsletter, we will share updates, notable cases, and practical insights from across the family law landscape. I hope the reflections and updates in this edition provide a useful perspective on some of the issues currently shaping this area. (We also aim to provide our tips on the Edinburgh dining scene!)

Family law is ever evolving, often as society itself evolves and changes, which makes it interesting and relevant for both clients and advisers. The ongoing consultation on the reform of financial remedies in England and Wales has reignited debate about whether the current system south of the border (and indeed north of the border) gets it right at present, or whether things could be improved.

Scotland has a legislative framework in place relating to financial provision on divorce and in my view, at its core, is the intention to provide for a significant degree of certainty with an appropriate measure of discretion built in. Do we get right? For the most part, I think we do. Lawyers can convey “the law” to clients straightforwardly, and whilst debate can take place in respect of the “discretionary bits” that seems important in providing for flexibility linked to individual circumstances, particularly when differing views about what is “fair” are understandable. Scotland also has a long-established "clean break" philosophy. Ongoing financial support between former spouses after divorce is relatively unusual and, where awarded/agreed, “periodical allowance” is generally limited to a maximum of three years, reflecting the broader objective of enabling a separating couple to achieve financial independence as soon as possible. Whilst that seems to me a sensible aspiration, questions are sometimes raised about whether Scotland gets it right on financial support between spouses post divorce, particularly in cases involving one high-earning spouse and one low-earning spouse where there is modest capital available for distribution.

Child law too is always evolving, and the recent case of Charlie Foxtrot v Delta Echo is very much under the spotlight following the court's finding that a mother was in contempt of court for failing to facilitate court-ordered contact between a father and his child, resulting in a custodial sentence. All family lawyers will have dealt with cases where one parent is saying they simply can’t get a child or children to spend time with the other parent, where the other parent thinks them to be manipulating the situation to obstruct contact. The case has generated much debate as to how best to deal with such difficult and sensitive issues of fundamental importance to the long-term welfare of children. Burness Paull is proud to have a market-leading child law team, led by my colleague David Coutts, advising on complex and sensitive matters such as the issues addressed in this case. 

Against that backdrop, I hope you find this edition informative and useful. We will continue to monitor developments in family law and share practical insights on the issues shaping outcomes for individuals, children and families. If any of the topics covered raise questions for you or your clients, please do get in touch. I would be very pleased to hear from you and to work with you where specialist family law input would be helpful.

Blogs

Scran and Swally

As a team, one of the things we love most is talking about food and discovering great places to eat. Whether you're planning a visit to Edinburgh or simply curious about the city's food scene, each edition of our newsletter will feature one of our team's recommendations.

A recent favourite of mine is Whirlybird on Victoria Street. Highlights included the whipped crowdie and pan-fried hake, but the star of the show was the rhubarb-infused Negroni. I'd highly recommend a visit if you're looking for a cosy yet contemporary meal.

Another excellent addition to the city is Nishiki on Morrison Street. If, like me, you enjoy people-watching, the large, shared table is the perfect spot for sushi while taking in the surroundings. The aubergine is a must-order, followed closely by the sashimi.

And as with anywhere worth visiting, don't blame us if you can't get a reservation!

Teamsheet