Family Law (Scotland) Act 2006

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