Search Legislation

Divorce (Scotland) Act 1976

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Divorce (Scotland) Act 1976, Section 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

1[F1Grounds of divorce.]S

(1)In an action for divorce the court may grant decree of divorce if, but only if, it is established in accordance with the following provisions of this Act that .

[F2(a)]the marriage has broken down irretrievably [F3or

(b)[F4subject to subsection (3B),] an interim gender recognition certificate under the Gender Recognition Act 2004 has, after the date of the marriage, been issued to either party to the marriage.]

References in this Act (other than in sections 5(1) and 13 of this Act) to an action for divorce are to be construed as references to such an action brought after the commencement of this Act.

(2)The irretrievable breakdown of a marriage shall, subject to the following provisions of this Act, be taken to be established in an action for divorce if—

(a)since the date of the marriage the defender has committed adultery; or

(b)since the date of the marriage the defender has at any time behaved (whether or not as a result of mental abnormality and whether such behaviour has been active or passive) in such a way that the pursuer cannot reasonably be expected to cohabit with the defender; or

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)there has been no cohabitation between the parties at any time during a continuous period of [F6one year] after the date of the marriage and immediately preceding the bringing of the action and the defender consents to the granting of decree of divorce; or

(e)there has been no cohabitation between the parties at any time during a continuous period of [F7two] years after the date of the marriage and immediately preceding the bringing of the action.

(3)The irretrievable breakdown of a marriage shall not be taken to be established in an action for divorce by reason of subsection (2)(a) of this section if the adultery mentioned in the said subsection (2)(a) has been connived at in such a way as to raise the defence oflenociniumor has been condoned by the pursuer’s cohabitation with the defender in the knowledge or belief that the defender has committed the adultery.

[F8(3A)For the avoidance of doubt, in relation to marriage between persons of the same sex, adultery has the same meaning as it has in relation to marriage between persons of different sexes.]

[F9(3B)Subsection (1)(b)—

(a)does not apply where, under the Gender Recognition Act 2004, the Gender Recognition Panel issue a full gender recognition certificate to the person to whom the interim gender recognition certificate was issued, but

(b)continues to apply despite a full gender recognition certificate being issued to that person by the sheriff under section 4E of that Act.]

(4)Provision shall be made by act of sederunt—

(a)for the purpose of ensuring that, where in an action for divorce to which subsection (2)(d) of this section relates the defender consents to the granting of decree, he has been given such information as will enable him to understand—

(i)the consequences to him of his consenting as aforesaid; and

(ii)the steps which he must take to indicate his consent; and

(b)prescribing the manner in which the defender in such an action shall indicate his consent, and any withdrawal of such consent, to the granting of decree;

and where the defender has indicated (and not withdrawn) his consent in the prescribed manner, such indication shall be sufficient evidence of such consent.

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In an action for divorce the standard of proof required to establish the ground of the action shall be on balance of probability.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 1(1) renumbered as s. 1(1)(a) (4.4.2005) by Gender Recognition Act 2004 (c. 7), s. 26, Sch. 2 para. 6(1)(a); S.I. 2005/54, art. 2

F6Words in s. 1(2)(d) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 11(a), 46(2); S.S.I. 2006/212, art. 2

F7Word in s. 1(2)(e) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 11(b), 46(2); S.S.I. 2006/212, art. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources