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Family Law (Scotland) Act 2006

  • Explanatory Notes Table of contents

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All reference to 'Parts' and 'sections' are from the Family Law (Scotland) Act 2006. For more information about understanding Explanatory Notes click here.

  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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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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