Family Law (Scotland) Act 2006 Explanatory Notes

Divorce

Section 13: Non-cohabitation without consent: removal of bar to divorce

24.Section 1(5) of the Divorce (Scotland) Act 1976 prevents the court from granting a divorce following the non-cohabitation of the parties for five years if it considers that to do so would result in grave financial hardship to the party who does not consent to the divorce. Section 13 of the Act repeals this provision.

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