Family Law (Scotland) Act 2006

1. Introductory Text

2. Marriage

   1. 1. Marriage to parent of former spouse: removal of special requirements

   2. 2. Void marriages

   3. 3. Abolition of marriage by cohabitation with habit and repute

   4. 4. Extension of jurisdiction of sheriff

3. Matrimonial homes

   1. 5. Occupancy rights: duration

   2. 6. Occupancy rights: dealings with third parties

   3. 7. Occupancy rights: proposed dealings with third parties

   4. 8. Occupancy rights: effect of court action

   5. 9. Amendment of definition of “matrimonial home”

4. Matrimonial interdicts

   1. 10. Matrimonial interdicts

5. Divorce

   1. 11. Divorce: reduction in separation periods

   2. 12. Irretrievable breakdown of marriage: desertion no longer to be ground

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

   4. 14. Collusion no longer to be bar to divorce

   5. 15. Postponement of decree of divorce where religious impediment to remarry exists

6. Financial provision

   1. 16. Financial provision: valuation of matrimonial property

   2. 17. Financial provision on divorce and dissolution of civil partnership: Pension Protection Fund

   3. 18. Financial provision: incidental orders

7. Special destinations: revocation on divorce or annulment

   1. 19. Special destinations: revocation on divorce or annulment

8. Aliment

   1. 20. Variations of agreements on aliment: powers of court

9. Abolition of status of illegitimacy

   1. 21. Abolition of status of illegitimacy

10. Domicile of persons under 16

    1. 22. Domicile of persons under 16

11. Unmarried fathers: rights in relation to children

    1. 23. Parental responsibilities and parental rights of unmarried fathers

12. Protection of children from abuse

    1. 24. Orders under section 11 of Children (Scotland) Act 1995: protection from abuse

13. Cohabitation

    1. 25. Meaning of “cohabitant” in sections 26 to 29

    2. 26. Rights in certain household goods

    3. 27. Rights in certain money and property

    4. 28. Financial provision where cohabitation ends otherwise than by death

    5. 29. Application to court by survivor for provision on intestacy

    6. 29A. Extension of time limits for applications under sections 28 and 29: cross-border mediation

    7. 30. Administration of Justice Act 1982: extension of definition of “relative”

14. Cohabitation: domestic interdicts

    1. 31. Domestic interdicts

15. Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest

    1. 32. Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest

16. Amendments of Civil Partnership Act 2004

    1. 33. Amendments of Civil Partnership Act 2004

17. Application of 1981 Act to cohabiting couples of same sex

    1. 34. Application of 1981 Act to cohabiting couples of same sex

18. Amendments of Damages (Scotland) Act 1976

    1. 35. Amendments of Damages (Scotland) Act 1976

19. Amendments of Adults with Incapacity (Scotland) Act 2000

    1. 36. Amendments of Adults with Incapacity (Scotland) Act 2000

20. Jurisdiction

    1. 37. Jurisdiction: actions for declarator of recognition of certain foreign decrees

21. Private international law

    1. 38. Validity of marriages

    2. 39. Matrimonial property

    3. 40. Aliment

    4. 41. Effect of parents' marriage in determining status to depend on law of domicile

22. Declarator of freedom and putting to silence: action no longer competent

    1. 42. Action for declarator of freedom and putting to silence to cease to be competent

23. General

    1. 43. Interpretation

    2. 44. Ancillary provision

    3. 45. Minor and consequential amendments and repeals

    4. 46. Short title and commencement

24. 1. SCHEDULE 1

       Amendments of the Civil Partnership Act 2004

       1. 1. The Civil Partnership Act 2004 (c. 33) shall be amended...

       2. 2. In section 86 (eligibility to register in Scotland as civil...

       3. 3. In section 101 (right of civil partner without title to...

       4. 4. In subsection (1) of section 103 (regulation by court of...

       5. 5. In section 106 (continued exercise of occupancy rights after dealing)—...

       6. 6. In section 107 (dispensation with civil partner's consent to dealing)—...

       7. 7. After section 111 there shall be inserted— Effect of court...

       8. 8. In section 113 (civil partnerships: competency of interdict)—

       9. 9. In subsection (3) of section 117 (dissolution of civil partnerships)—...

       10. 10. In section 123 (nullity) (which shall become subsection (1) of...

       11. 11. After section 124 there shall be inserted— Special destinations: revocation...

       12. 12. Section 135 (interpretation of Part 3) shall become subsection (1)...

    2. SCHEDULE 2

       Minor and consequential amendments

       1. The Domicile and Matrimonial Proceedings Act 1973 (c. 45)

          1. 1. In section 7 of the Domicile and Matrimonial Proceedings Act...

       2. The Damages (Scotland) Act 1976 (c. 13)

          1. 2. In paragraph 1 of Schedule 1 to the Damages (Scotland)...

       3. The Land Registration (Scotland) Act 1979 (c. 33)

          1. 3. In subsection (3) of section 12 of the Land Registration...

       4. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

          1. 4. (1) The Matrimonial Homes (Family Protection) (Scotland) Act 1981 shall...

       5. The Family Law (Scotland) Act 1985 (c. 37)

          1. 5. (1) The Family Law (Scotland) Act 1985 shall be amended...

       6. The Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9)

          1. 6. (1) The Law Reform (Parent and Child) (Scotland) Act 1986...

       7. The Civil Evidence (Family Mediation) (Scotland) Act 1995 (c. 6)

          1. 7. In subsection (7) of section 1 of the Civil Evidence...

       8. The Children (Scotland) Act 1995 (c. 36)

          1. 8. In subsection (4) of section 12 of the Children (Scotland)...

    3. SCHEDULE 3

       Repeals