Protection of rights of spouse against arrangements intended to defeat them
12 Adjudication.
(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.