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Family Law (Scotland) Act 2006


Schedule 1: Amendments of the Civil Partnership Act 2004

65.Schedule 1 makes amendments to the Civil Partnership Act 2004. Paragraphs 3 to 6 relate to the occupancy rights of civil partners with regard to the family home. Paragraph 8 extends the scope of interdicts to include the family home, place of work and school attended by a child in the care of the applicant civil partner. Paragraph 9 reduces the qualifying non-cohabitation periods for dissolution of a civil partnership from two years to one year where the parties consent and from five years to two where one of the parties does not consent. Paragraph 12 amends the definition of “family home” in section 135 of the Civil Partnership Act 2004 to include the condition that where one civil partner transfers tenancy to the other civil partner (either by agreement or under any enactment) then from that point the house ceases to be the “family home”.

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Text created by the Scottish Government 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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