How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12087
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

Just recently split up with my long term partner, never married,we

Customer Question

Just recently split up with my long term partner, never married,we have 2 kids together, live in Scotland. What is she entitled to ?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Your partner is entitled to child maintenance if she is the parent with care.

To help you further can you give me some detail of your financial and asset position and your employments etc.
Customer: replied 4 years ago.

I work full time, she doesn't work. don't own any assets. I have some savings, she doesn't

Expert:  JGM replied 4 years ago.
What age are the children? Did she have a job and gave it up when the children were born?
Customer: replied 4 years ago.

kids are 14 and 5, she worked as a hairdresser before the oldest was born in a salon. gave it up to work for herself as a part time mobile hairdresser ever since.

Expert:  JGM replied 4 years ago.
She is entitled to:

1. Half of jointly owned property.
2. Her personal property.
3. Half of household furniture and other property.
4. Half of any money kept for housekeeping unless proved she didn't contribute.
5. Potentially a claim under section 28 of the Family Law (Scotland) Act 2006 for payment by you to her of a capital payment to compensate her for any financial disadvantage suffered by her in the interests of you or th children of the relationship. Whether she has such a claim would have to be determined by a careful analysis of your relationship and your respective financial and non financial contributions. See section 28 online as well as the Supreme Court case of Gow v Grant which will give you some idea of how the sections works in practice.

Happy to discuss further.
Customer: replied 4 years ago.

She admitted cheating on me and is still seeing him, and he is now frequenting the house with her and the kids. Can I put a stop to him having contact with my kids ?

Expert:  JGM replied 4 years ago.
You would have to go to court for an order to that effect and would have to establish that contact with the children would not be in their best interests.
Expert:  JGM replied 4 years ago.
Please let me know if I can help you further here. If not please leave a positive feedback so that I am credited for my time.