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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…
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Matrimonial Property in Scotland: Pre‑Marriage Homes
Property bought before marriage Family Law (Scotland) Act 1985, s.10(4)(a): “Matrimonial property means all the property belonging to the parties or either of them at the relevant date which was acquired before the marriage for use by them as a family home or as furniture or plenishings for such home.” Key Point: The statute itself…
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Right of Spouse Without Title to Occupy the Matrimonial Home
Section 1 Matrimonial Homes (Family Protection) (Scotland) Act 1981 explains a non-entitled spouse’s occupancy rights. The idea behind Section 1 Section 1 creates automatic “occupancy rights” for a non-entitled spouse (the spouse who doesn’t hold the title/tenancy or permission to occupy) in a matrimonial home. In short, if your spouse is the sole owner or…
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Regulation of Contact Services in 2020
The Children (Scotland) Act 2020 introduced significant reforms to the way child contact is regulated in Scotland. Section 10 of the Act amends the Children (Scotland) Act 1995 to ensure that when courts make orders for child contact to take place at contact centres, those services are properly regulated. This change is designed to protect…
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Vulnerable Witnesses Scotland – Children (Scotland) Act 2020
Very often in section 11 (of the Children (Scotland) Act 1995) cases, there are issues of domestic abuse, harassment, or past criminal behaviour. The Children (Scotland) Act 2020 has introduced important protections to make sure that vulnerable people, including children and victims of abuse, are better safeguarded when giving evidence in family court cases. Below,…
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How the Children (Scotland) Act 2020 Affects Child Residence
Deciding where a child will reside after parents separate is a major issue for families. In Aberdeen and throughout Scotland, residence disputes are governed by principles that have been refined by the Children (Scotland) Act 2020. Here we explain the changes that the 2020 Act brings to the Children (Scotland) Act 1995 and residence cases.…
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What the new 2020 Act Means for Child Contact Arrangements
If you are involved in a dispute over contact with your Ex in Aberdeen, it’s important to understand the recent legal changes. The Children (Scotland) Act 2020 makes several updates that affect child contact arrangements. Here, XK Solicitors explain how the new law impacts contact cases, from hearing the child’s viewpoint, to safeguarding children during…
