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Protective Relief in Scots Family Law: Interdicts, Molestation Orders and Exclusion Orders
Protective remedies enable Scottish courts to intervene swiftly to safeguard vulnerable parties, including partners, cohabitants, and children. Where domestic abuse, harassment, or harmful conduct arises, a combination of statutory and common-law measures empowers the court to regulate contact, determine occupancy rights, and ensure the safety of applicants and children. This article sets out the legal…
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Continued Exercise of Occupancy Rights After “Dealing”
Section 6 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 regulates what happens to a non-entitled spouse’s occupancy rights when the “entitled spouse” carries out a dealing with the matrimonial home, such as a sale, transfer, mortgage change, statutory pledge, or creation of a trust. It is one of the central protections in Scottish…
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Domestic Interdicts in Scotland
1. What is a Domestic Interdict? A domestic interdict is a court order designed to protect a person from harmful behaviour by someone you live with or used to live with as a couple. You can apply for one if: This means you do not need to be legally married or in a civil partnership…
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Powers of arrest – the Domestic Abuse (Scotland) Act 2011
Section 3(1) allows the sheriff to make a formal determination that an interdict is a: “Domestic abuse interdict” This determination has ONE purpose: It is mandatory if you want to apply for a Power of Arrest under Section 4 of the the Domestic Abuse (Scotland) Act 2011 (“2011 Act”). Without this Section 3(1) determination, no…
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Meaning of “domestic interdict”
What is a “domestic interdict” Under Section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, a “domestic interdict” is defined as an interdict (or interim interdict) granted for the protection of a person (or former co-habitant / civil partner) who lived, or had lived, with another, in a de facto couple or civil…
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What Constitutes Abusive Behaviour in the home (Scotland)
The Domestic Abuse (Scotland) Act 2018 recognises that domestic abuse is not limited to physical violence, but can also include persistent emotional, psychological and controlling behaviour that causes long-term harm.Section 2 of the Act plays a central role in defining what types of behaviour are considered “abusive” for the purposes of the offence created by…
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Legal consequences of Ending Relationships in Scotland
In Scotland, adult couples, whether mixed-sex or same-sex, have three main ways to formalise their relationship: Each option carries different legal consequences. When a relationship ends, the law treats married couples and civil partners very similarly, but cohabitants have a much more limited set of rights. This article focuses on what happens in Scotland when…
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A Practical Guide to the Family Law (Scotland) Act 2006 for Cohabitants
The Family Law (Scotland) Act 2006 created an important set of rights for people who live together as partners without being married or in a civil partnership. This guide explains the key protections for cohabitants, including financial claims, rights in household goods, and how the law treats property when a relationship ends. Who Qualifies as…
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Abusive Behaviour Towards a Partner or Ex-Partner (Scotland)
The Domestic Abuse (Scotland) Act 2018 introduced a comprehensive domestic abuse laws. Section 1 of the Act creates a standalone criminal offence that recognises the full range of abusive behaviours often present in domestic abuse cases, including coercive control, psychological manipulation and behaviour designed to isolate or dominate a partner. This article explains Section 1…
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Duration, Extension and Recall of a Power of Arrest
A power of arrest attached to an interdict is an important legal tool designed to protect individuals at risk of abuse. Section 2 of the Protection from Abuse (Scotland) Act 2001 sets out the rules about when a power of arrest begins, how long it lasts, how it can be extended, and when it must…
