Family Law (Scotland) Act 2006 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. The Act

    1. Marriage

      1. Section 1: Marriage to parent of former spouse: removal of special requirements

      2. Section 2: Void Marriages

      3. Section 3: Abolition of marriage by cohabitation with habit and repute

      4. Section 4: Extension of jurisdiction of sheriff

    2. Matrimonial homes

      1. Section 5: Occupancy rights: duration

      2. Section 6: Occupancy rights: dealings with third parties

      3. Section 7: Occupancy rights: proposed dealings with third parties

      4. Section 8: Occupancy rights: effect of court action

      5. Section 9: Amendment of definition of “matrimonial home”

    3. Matrimonial interdicts

      1. Section 10: Matrimonial interdicts

    4. Divorce

      1. Section 11: Divorce: reduction in separation periods

      2. Section 12: Irretrievable breakdown of marriage: desertion no longer to be ground

      3. Section 13: Non-cohabitation without consent: removal of bar to divorce

      4. Section 14: Collusion no longer to be bar to divorce

      5. Section 15: Postponement of decree of divorce where religious impediment to re-marry exists

    5. Financial provision

      1. Section 16: Financial provision: valuation of matrimonial property

      2. Section 17: Financial provision on divorce and dissolution of civil partnership: Pension Protection Fund

      3. Section 18: Financial provision: incidental orders

    6. Special destinations: revocation on divorce or annulment

      1. Section 19: Special destinations: revocation on divorce or annulment

    7. Aliment

      1. Section 20: Variations of agreements on aliment: powers of court

    8. Abolition of status of illegitimacy

      1. Section 21: Abolition of status of illegitimacy

    9. Domicile of persons under 16

      1. Section 22: Domicile of persons under 16

    10. Unmarried fathers: rights in relation to children

      1. Section 23: Parental responsibilities and parental rights of unmarried fathers

    11. Protection of children from abuse

      1. Section 24: Orders under section 11 of the Children (Scotland) Act 1995: protection from abuse

    12. Cohabitation

      1. Section 25: Meaning of “cohabitant” in sections 26 to 29

      2. Section 26: Rights in certain household goods

      3. Section 27: Rights in certain money and property

      4. Section 28: Financial provision where cohabitation ends otherwise than by death

      5. Section 29: Application to court by survivor for provision on intestacy

      6. Section 30: Administration of Justice Act 1982: extension of definition of “relative”

    13. Cohabitation: domestic interdicts

      1. Section 31: Domestic interdicts

    14. Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest

      1. Section 32: Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest

    15. Amendments of Civil Partnership Act 2004

      1. Section 33: Amendments of Civil Partnership Act 2004

    16. Application of 1981 Act to cohabiting couples of same sex

      1. Section 34: Application of 1981 Act to cohabitating couples of same sex

    17. Amendments of Damages (Scotland) Act 1976

      1. Section 35: Amendments of Damages (Scotland) Act 1976

    18. Amendments of Adults with Incapacity (Scotland) Act 2000

      1. Section 36: Amendments of Adults with Incapacity (Scotland) Act 2000

    19. Jurisdiction

      1. Section 37: Jurisdiction: actions for declarator of recognition of certain foreign decrees

    20. Private international law

      1. Section 38: Validity of marriages

      2. Section 39: Matrimonial property

      3. Section 40: Aliment

      4. Section 41: Effect of parents’ marriage in determining status to depend on law of domicile

    21. Declarator of freedom and putting to silence: action no longer competent

      1. Section 42: Action for declarator of freedom and putting to silence to cease to be  competent

    22. General

      1. Section 44: Ancillary provision

      2. Section 45: Minor and consequential amendments and appeals

      3. Section 46: Short title and commencement

      4. Schedule 1: Amendments of the Civil Partnership Act 2004

  3. Parliamentary History

  • Explanatory Notes Table of contents

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