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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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Setting Aside Transactions (Age of Legal Capacity (Scotland) Act 1991)
Section 3 Age of Legal Capacity (Scotland) Act 1991 allows for prejudicial transactions to be set aside. What is a “prejudicial transaction” in Scotland? Who can apply, when, and what orders can the court make under Section 3 of the Age of Legal Capacity (Scotland) Act 1991? Where Section 3 fits in Section 3 provides…
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Exceptions to the General Rule (Age of Legal Capacity (Scotland) Act 1991)
Section 2 of the Age of Legal Capacity (Scotland) Act 1991 Section 2 sets out important exceptions to the Section 1 baseline (under-16s have no general transactional capacity; 16+ have full capacity). These exceptions recognise real-life situations where children can act with legal effect. The section is current law on legislation.gov.uk. The exceptions:- 1) Everyday/age-typical…
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Children’s Hearings in Scotland – Children’s and your Rights
Children’s Hearings are special meetings to help keep children safe and supported. They are not the same as the courts, but they are part of the legal process. Here are the main rights you and your child have if you are involved in a hearing: Rights of the Child Rights of Parents and Carers Safeguards…
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The Age of Legal Capacity in Scotland
Section 1 of the Age of Legal Capacity (Scotland) Act 1991 explains who has legal capacity. The core rule in Section 1 What counts as a “transaction”? The Act defines this very broadly (s.9): anything with legal effect, including unilateral acts, e.g., giving a gift, making a will, giving legally-effective consent, bringing/defending civil proceedings, acting…
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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…
