With the remaining Covid restrictions falling away, the legal profession can turn its principal focus back to the business and practice of law under more normal circumstances.
Our next Scots Law series, Getting Back to Business, reflects this shift by providing an analysis of practical, statutory and caselaw developments in eight key practice areas that will help you offer best advice to your clients.
The new online Family Conference, chaired by Marika Franceschi of MacRoberts, will consider where you can provide effective solutions whether by informed drafting of pre and post nuptial agreements, using statute to protect victims of abuse in contact, residence and relocation actions, using arbitration or considering the effect of the latest financial provision decisions.
Including a key session on advising on divorce and separation after Brexit and contributions from Paul Bell, Psychotherapist and Dr Fiona MacLeod, Clinical Psychologist from the Anchor Practice on the impact of conflict on children and what we can do to protect children going through separation, we look forward to welcoming you to this new conference.
Questions to be considered will include:
what do you need to be aware of when advising clients post-Brexit?
what can family solicitors do to protect children going through separation?
what are the benefits of using arbitration?
how do the recent decided financial provision cases impact on your advice?
is enough use being made of statute to protect victims of abuse in relocation and contact actions?
what are the current pitfalls to avoid when drafting prenuptial and post nuptial contracts?
What’s being covered?
Advising on divorce and separation post-Brexit
A comprehensive overview of areas to be aware of when advising clients in a post-Brexit world will be provided. Topics will include jurisdiction and competing actions; service, recognition and enforcement; and protection in the form of pre-nuptial or pre cohabitation agreements.
Susie Mountain, Brodies
The impact of conflict on children – what can family solicitors do to protect children going through separation?
After a brief introduction to the current psychological research about the impact of separation and divorce proceedings on children, this talk will cover: keeping the emotional health of children at the centre of complex family systems and competing professional roles; the impact of working with hostile psychological dynamics on legal professionals; and some ideas about how and when to intervene and when to refer on.
Paul Bell & Dr Fiona MacLeod, The Anchor Practice
Financial provision on divorce – a case law update
Case law over the course of the last couple of years both in the Court of Session and the Sheriff Court will be covered and a wide ranging issue of topics will be explored including source of funds arguments/unequal sharing, non-disclosure, lottery winnings, liferent on a property, failure to implement terms of a Minute of Agreement, setting aside of a Pre-nuptial Agreement, appealing a first instance decision, and issues relating to expenses.
Richard Smith, Burness Paull
Arbitration in family law cases - why not?
In this session we will consider the benefits and challenges of using arbitration within a family law context, explore the framework and process itself, look at how it is already successfully used in England and Wales, and how we might be able to use it in Scotland, across both child related and financial provision cases.
Ruth Croman, Macnabs
Are we doing enough to protect victims of abuse in s.11 cases? What can/should we do to assist in these cases?
Trauma informed practice is becoming increasingly necessary in family law cases. Practitioners should be aware of the provision of subsections 11 (7A-7E) of the Children (Scotland) Act 1995. To what extent do we put these provisions into practice? The purpose of this talk will be to look at these subsections in more detail by considering the application of the sections to a spectrum of scenarios, and decided cases. Practitioners who deal with contact, residence and relocation cases will benefit from this talk.
Amy Donachie, Westwater Advocates
Prenuptial and post nuptial contracts – some tips and potential pitfalls to look out for
In this session consideration will be given to drafting style and content of prenuptial and post nuptial contracts, treatment of business assets, cross-border issues and appropriate compensation.