The Family Conference at Scots Law 2023

We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

As family law clients require ever more sophisticated solutions our annual conference, chaired by Marika Franceschi of Franceschi Family Law, will consider where your advice can make a real difference.

An expert panel of speakers will join Marika, including Marisa Cullen of Family Law Matters, psychotherapist Myra Eadie, Marie Clark from Arnot Manderson Advocates, Jamie Foulis of Balfour and Manson, Amy Donachie of Westwater Advocates, Lindsey Ogilvie from Turcan Connell and Brodies' Tom Boulton-Jones.

Questions to be considered will include:

• what is the durability of agreements upon separation and divorce?
• what are the key legal and practical issues relating to international disputes?
• how do you defend a 1980 Hague Convention case?
• what is coercive control in post separation negotiations?
• will the recommendations of the Scottish Law Commission to reform surrogacy law work in practice?
• what impact do recent case decisions have on your advice?
• what are the legal and business consequences of a personal relationship breakdown between shareholders in a UK limited company?

What's being covered?

Agree to disagree

This session will discuss the durability of agreements, pre-nuptial, post-nuptial and upon separation and divorce; the efficacy of s16 of the Family Law (Scotland) Act 1985; and the basis and prospects of applications to set aside in terms of s16.

Marie Clark, Arnot Manderson Advocates

International family law disputes

From choosing jurisdiction to the use of ADR and many points in between, this session will explore the legal and practical issues relating to international disputes.

Marika Franceschi, Franceschi Family Law 

Defending a 1980 Hague Convention case – practical advice and case law update  

Where a client has been served with a return petition under the 1980 Hague convention, how do you begin to tackle it? Marisa will be discussing practical steps, hints and tips for defending such proceedings by reference to her own practice and recent Scottish caselaw. She will also discuss the English courts approach to the defence of cases involving return to Ukraine.

Marisa Cullen, Family Law Matters

A new surrogacy pathway

This session will cover the recommendations of the Scottish Law Commission to reform surrogacy law, the reasons for proposing such changes and thoughts as to whether they will work in practice.

Lindsey Ogilvie, Turcan Connell

Coercive control in post separation negotiations

Myra Eadie, Psychotherapist

Family case law review  

A review of key recent cases of interest to the family law practitioner.  The review will consider not only the outcome of these decisions, but what effect they may have and what lessons can be learned from them.

Amy Donachie, Westwater Advocates

Businesses on divorce or separation

In this session, we will explore the legal and business consequences of a personal relationship breakdown between shareholders in a UK limited company. We will examine various options available to extract one or both parties from a business relationship in order to achieve a clean break, analysing their benefits and drawbacks, with a particular eye to tax pitfalls. We will also look at certain protections that may be available to shareholders. We will briefly consider other business structures such as partnerships and how they may be dealt with in the event of owner divorces or separations, and we will discuss key considerations where the parties are going to remain in business together post-separation, including the role of shareholders' agreements to protect the parties' interests.

Tom Boulton-Jones, Brodies