Family Law Considerations for Sportspeople in Scotland

Pitch Perfect Partnerships?

If you are involved in sports, you know that success in your sport often comes hand in hand with increased pressures both on and off the pitch. Whether you are scoring goals on the pitch, sinking baskets on the court, or racing to victory on the track, your success can thrust you directly into the public eye, bringing with it a host of both opportunities and challenges. However, with increased fame comes increased scrutiny, and the glare of the public eye can shine just as brightly on your personal life as it does on your athletic achievements.

You can’t flip through a tabloid or scroll through social media these days without stumbling upon the scandalous intricacies of a sportsperson’s personal life. From allegations of domestic abuse to tales of marital breakdowns, kiss-and-tell revelations, and even secret families, these stories have become a staple of the media landscape. The pressures put on modern-day athletes mean that this negative media attention can also impact on their careers and future earning potential.

In this article, we will discuss the options open to sportspeople in Scotland to minimise the fallout of difficult separations and how best to protect your professional reputation.

Protecting Wealth

When contemplating marriage or cohabitation with a partner, it’s crucial to grasp the legal implications and financial ramifications involved in both options.

Marriage constitutes a legal contract, granting either spouse the right to claim financial provision in the event of it ending. This can encompass capital-sum payments, property transfers, pension sharing orders and ongoing maintenance. If cohabitation comes to an end, either person may be able to make a financial claim against the other if they have been financially disadvantaged by their contributions to the relationship.

For high net worth individuals such as professional sportspeople, it is even more important to safeguard your assets before marrying or beginning to cohabit with a partner. A prenuptial or pre-cohabitation agreement can ringfence important assets and agree what will happen in the event of a separation. Such agreements must be entered into voluntarily and with the full understanding of what the agreement entails, ideally with the guidance of solicitors. Alternatively, for those already married, a postnuptial agreement can serve a similar purpose.

Considerations on Separation

Contrary to popular belief, there’s no such concept as a “common law wife” or “common law husband” in Scotland, and being in a long-term relationship with a wealthy sportsperson does not automatically entitle you to a share of their assets. Upon a cohabitation ending, it is for the person making a financial claim to show that they have suffered a financial disadvantage due to their contributions (financial or non-financial) to the relationship, which have not been offset by any corresponding financial advantage gained from the relationship.

If it is a marriage which has come to an end, the courts typically aim for an equal division of matrimonial assets, unless special circumstances justify an unequal division. Special circumstances can include the use of pre-marital wealth in the purchase of matrimonial property. In Scotland, we have a system of “no fault” divorce, which means that there are no financial penalties for the marriage coming to an end because of the behaviour of one of the parties (unless that behaviour relates to the dissipation of the matrimonial assets).

For sportspeople, ensuring their children’s financial security is a top priority, regardless of their relationship status. Even in cases of separation or divorce, both parents are legally obligated to provide financial support for their children. Scottish family law provides mechanisms for calculating financial support for children based on income and expenses, ensuring that children receive the support they need to thrive.

Avoiding the (Family) Court

For sportspeople with a public profile, the public courts may not be the ideal forum for resolving the issues which flow from their relationship coming to an end. Mediation and Arbitration may be particularly attractive to those with public profile, in order to minimise the number of details which make their way to the public domain. Reputation management will also be an important factor, keeping nosey tabloids at bay and protecting both the sportsperson and their family from unnecessary public scrutiny.

Regardless of the scenario, our experience in handling high-profile cases, whether concerning relationship difficulties or matters of reputation and privacy, ensures that you are in the best hands to guide you through a difficult period. Contact us today for a confidential consultation tailored to your needs.