Leading Scots lawyer provides advice for those feeling the stress of divorce proceedings on Mental Health Awareness Week
Published byBrittany Thomas
A leading Scots lawyer has shared her top tips for coping with the stress of divorce proceedings as Mental Health Awareness Week (May 11-17) comes to a close. Brittany Thomas, senior associate and family law expert at Wright, Johnston & Mackenzie LLP (WJM), is highlighting that families should try to keep their wellbeing in mind when considering separation.
Brittany, based in Inverness, said: “Separation and divorce are amongst the most difficult experiences many families will face.
“Alongside the legal and financial considerations, the emotional impact on parents, children and wider family members can be significant.
“During Mental Health Awareness Week, it is important to recognise that relationship breakdown can affect every aspect of family life and wellbeing.
“Accessing the right support and advice at an early stage can often help reduce conflict and make an already challenging situation feel more manageable for everyone involved.”
Brittany has shared some commonly asked questions for those considering a divorce or separation, including concerns over how it will affect those involved, including themselves, their partner and any dependents.
What happens to the family home when we divorce?
The family home is often one of the most significant assets that make up part of the matrimonial property. It may be sold, transferred to one spouse, or retained temporarily if agreed between parties.
The outcome will always depend on what is fair and reasonable in the circumstances having regard to the Scottish legislation that is set out in the Family Law (Scotland) Act 1985.
How are arrangements made for children, including where they live and contact with each parent?
Parents are encouraged to agree arrangements themselves, focussing on the best interests of the child.
However, if agreement cannot be reached, the court can decide matters such as residence and contact. They make orders based on what is in the child (or children’s) best interests.
Can we reach an agreement without going to court?
Yes. Many couples resolve matters between themselves.
Alternatively, they can do so via negotiation, which is a solicitor led process, or by mediation by utilising collaborative process.
These all avoid the need for the court to be involved in the reaching of agreement relating to childcare and/or finances.
What happens if my spouse does not co-operate?
The court can make decisions in the absence of agreement and ensure that the process moves forward as quickly and as smoothly as possible given the circumstances.
Brittany added: “Each family’s circumstances are unique, and there is rarely an easy path through separation or divorce.
“However, with the right legal guidance and personal support, families can often move forward with greater clarity, stability and confidence for the future.
“Looking after emotional wellbeing during this process is just as important as resolving the legal issues involved.”
WJM’s Family Law team are experts in helping with the divorce and separation process. For more information, advice and support contact family@wjm.co.uk.
The information contained in this newsletter is for general guidance only and represents our understanding of relevant law and practice as at May 2026. Wright, Johnston & Mackenzie LLP cannot be held responsible for any action taken or not taken in reliance upon the contents. Specific advice should be taken on any individual matter. Transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes. Authorised and regulated by the Financial Conduct Authority. Registered office: 319 St Vincent Street, Glasgow, G2 5RZ. A limited liability partnership registered in Scotland, number SO 300336.
