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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…
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Can you sell or mortgage your home without your spouse’s consent?
At XK Family Law Solicitors in Aberdeen, one of the questions we often hear from clients is: “Can my spouse sell or mortgage our home without my consent?”. Section 7 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 answers that question. This section gives the court power, in certain limited situations, to dispense with…
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Occupancy rights in Scotland relating to sale, transfer etc of a property.
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 deals with rights after dealing and one of the most important provisions is of the act is Section 6. This deals with what happens to a non-entitled spouse’s right to live in the home when the property is sold, mortgaged, or otherwise dealt with by the “entitled…
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Home Exclusion Orders Scotland (Married Couples)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 gives spouses and cohabitants rights to occupy the family home. Section 4 of the Act deals with exclusion orders – powerful court orders that can suspend one spouse’s or partner’s right to reside in the matrimonial home. Exclusion orders are most often used in cases involving domestic…
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Regulation of Occupancy Rights (Scotland)
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (“Act”) was designed to protect the rights of spouses and families in relation to the matrimonial home. Section 3 of the Act sets out the circumstances in which the Scottish courts can regulate occupancy rights when disputes arise between spouses. This section is particularly important where one…
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Non-Matrimonial Property in Scottish Divorce Law
On divorce in Scotland, one of the most important questions is how their property and finances will be divided. The starting point is the principle of fair sharing of matrimonial property under the Family Law (Scotland) Act 1985. However, not all assets fall into the category of “matrimonial property”. Certain types of property are specifically…
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Subsidiary and Consequential Rights Explained (in relation to the Matrimonial Homes (Family Protection) (Scotland) Act 1981)
Section 2 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 sets out the subsidiary and consequential rights that support and protect a spouse’s right to occupy the matrimonial home. This part of the legislation is particularly important where one spouse is not the legal owner or tenant of the property (known as the non-entitled…
