Family at Scots Law 2023

We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

The modern family lawyer requires to be flexible, whether dealing with reform, the impact of social developments or the changing priorities of their clients.

Chaired by Marika Franceschi of MacRoberts this new conference, taking place at the Hilton Glasgow, will include presentations on whether the default position in relation to child contact should be shared care, divorce and Sharia law, how family law advice can add value to business clients, surrogacy and tax, trusts and succession for family lawyers.  Kate Dowdalls KC will provide the keynote presentation on the suggested Scottish Law Commission reforms to cohabitation.

Questions to be considered will include:

• what are the Scottish Law Commission’s recommendations for reform to the law of cohabitation?
• what is the legal process surrounding surrogacy?
• what should you remember when advising clients on divorce in Scotland who are subject to Sharia law?
• how can family law advice add value to succession/restructuring planning for family businesses?
• should the default position in relation to child contact be shared care?
• what are the tax implications of separation and divorce and what are the planning options?

We look forward to welcoming you to this comprehensive conference only available in person at the Hilton Glasgow.

What’s being covered?

Cohabitation: recommendations for reform

The Scottish Law Commission published its Report on Cohabitation on 2 November 2022. The Report recommends reform of sections 25 to 28 of the Family Law (Scotland) Act 2006. Kate will discuss the need for reform and explain the Report’s main recommendations.

Kate Dowdalls KC, Scottish Law Commission

Family business clients – adding value to your client and your firm through collaborative working

With reference to case studies, we will look at ways in which family law advice can add value to succession/restructuring planning for family businesses and how a multi-disciplinary approach can give the best protection for your client while strengthening your firm’s relationship with the client.

Marika Franceschi, MacRoberts

Tips and basics of Sharia Law and what to remember when advising clients on divorce in Scotland

This talk will cover the tenets of Sharia law and provide some useful tips which family lawyers should be aware of when advising clients involved in these marriages on divorce and financial claims. The talk will touch on the role of Sharia Councils, the validity and impact of religious divorces and the nuances of how financial claims should be dealt with. The talk will also highlight some common misunderstandings and issues which arise in regards the validity of foreign Islamic divorces and some cases which have come before the Scottish courts. Finally, we will discuss what family law practitioners can be aware of in terms of Sharia divorces in different countries and what advice they could be considering for their client.

Khalda Wali, LKW Solicitors

Surrogacy: securing a family’s legal status

With increasing visibility and awareness of surrogacy being a route to growing a family, this session will consider the legal process, recent case law developments and the impact of any developments in relation to the proposed reform of law that have been announced by the date of the conference.

Caroline Millar, SKO Family Law

Child contact: the debate

Should the default position in relation to child contact be shared care?  After arguments being forwarded in favour and against the proposition, you will have the chance to join the debate.

Sarah Trainer, Arnot Manderson & Lynsey Morgan, Optimum Advocates

Tax, trusts and succession for family lawyers

The breakdown of a relationship is a painful enough experience without throwing tax into the equation. Martin’s presentation will guide you through the tax implications of separation and divorce together with planning options and potential pitfalls. It is also important to be aware of both the impact of Scottish succession rules and the role trusts could play when advising clients before, during and following the end of a relationship on protecting their assets and ensuring they pass in accordance with their wishes.

Martin Campbell, Anderson Strathern