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Attaching a Power of Arrest to Interdicts (Scotland)
The Protection from Abuse (Scotland) Act 2001 was introduced to strengthen the civil protection available to individuals at risk of abuse by enabling the attachment of a “power of arrest” to certain interdicts. Section 1 of the Act is the foundational provision for that measure. Core Provisions of Section 1 Practical Significance in Family Law…
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Understanding the Court’s Duty to Encourage Reconciliation
When a couple begins divorce proceedings in Scotland, emotions, practical worries and uncertainty can often make the process feel overwhelming. What many people do not realise is that Scottish divorce law includes specific provisions encouraging reconciliation where that might still be possible. Section 2 of the Divorce (Scotland) Act 1976 sets out how the court…
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Grounds for Divorce in Scotland
Section 1 of the Divorce (Scotland) Act 1976 sets out the legal foundation for obtaining a divorce in Scotland with its core purpose to identify when a marriage has broken down to the point that divorce is justified. For individuals considering divorce, it is essential to understand this section, as it provides the only legal…
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Blood and Other Samples in Civil Proceedings
Section 70 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 enables courts to seek scientific evidence (like DNA tests) in civil cases, particularly in family law matters involving questions of parentage or drug misuse. This section gives courts a mechanism to request blood tests or other body-fluid or tissue samples from parties, helping to…
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Division and Sale – staying in the Matrimonial Home
the Right to Stay in the Family Home During Divorce or Separation In a marriage breakdown, Section 19 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, provides specific powers to postpone or place conditions on the division and sale of a home, in order to protect a spouse’s right of occupation. This protection is…
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Occupancy Rights for Cohabiting Couples
Cohabiting couples in Scotland often assume that living together provides automatic rights over their shared home. However, occupancy rights are not automatic for cohabitants. Section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 provides a legal guidance by which a non-entitled cohabitant may acquire a court-granted right to occupy, but only in limited…
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Why Your Minute of Agreement Refers to the Child Support Acts
Where you and your ex have children and you sign a Minute of Agreement following separation or divorce, you might notice that the section about child maintenance includes a phrase such as: “This clause is subject to the terms of the Child Support Act 1991, the Child Support Act 1995, the Child Support, Pensions and…
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Matrimonial Interdicts (Scotland) – Spouses Not Yet Separated
Section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals with a very specific and often misunderstood issue; when one spouse seeks legal protection from the other while they are still living together in the matrimonial home. Many people assume that an interdict (a Scottish court order preventing certain behaviour) can only be…
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Transfer of Tenancy of Matrimonial Home (Scotland)
When a marriage breaks down, one of the most important practical questions is who gets to remain in the matrimonial home — especially when the property is rented rather than owned. Section 13 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals specifically with this issue by allowing the court to transfer the tenancy…
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The Matrimonial Homes – Interests of Creditors Explained
Section 8 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 addresses how the rights of creditors (like mortgage lenders) interact with a spouse’s right to occupy the matrimonial home. It ensures that a secured lender’s interests in the home are protected even when one spouse who doesn’t own the home has legal occupancy rights…
