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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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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…
