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Protection of rights of spouse against arrangements intended to defeat themS

12 Adjudication. S

(1)Where a matrimonial home of which there is an entitled spouse and a non-entitled spouse is adjudged, the Court of Session, on the application of the non-entitled spouse within 40 days of the date of the decree of adjudication, may—

(a)order the reduction of the decree; or

(b)make such order as it thinks appropriate to protect the occupancy rights of the non-entitled spouse,

if it is satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled spouse.

(2)In this section, “entitled spouse” and “non-entitled spouse” have the same meanings respectively as in section 6(2) of this Act.

Modifications etc. (not altering text)

C1S. 12 applied with modifications by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), s. 14(5)(b)