LegalizeReform history
Family Law (Scotland) Act 2006
6 versions
· 2006-01-20
2020-12-31
Family Law (Scotland) Act 2006
Changes on 2020-12-31
@@ -2,7 +2,7 @@
### Marriage
#### Divorce: reduction in separation periods
#### Matrimonial interdicts
##### 1
@@ -646,7 +646,7 @@
- (b) in instalments.
- (8) Subject to section 29A, any application under this section shall be made not later than one year after the day on which the cohabitants cease to cohabit.
- (8) ... Any application under this section shall be made not later than one year after the day on which the cohabitants cease to cohabit.
- (9) In this section—
@@ -712,7 +712,7 @@
- (c) if at the date of death it is uncertain in which sheriffdom the deceased was habitually resident, the sheriff at Edinburgh.
- (6) Subject to section 29A, any application under this section shall be made before the expiry of the period of 6 months beginning with the day on which the deceased died.
- (6) ... Any application under this section shall be made before the expiry of the period of 6 months beginning with the day on which the deceased died.
- (7) In making an order under paragraph (a)(i) of subsection (2), the court may specify that the capital sum shall be payable—
@@ -1373,38 +1373,38 @@
#### Marriage to parent of former spouse: removal of special requirements
#### Abolition of marriage by cohabitation with habit and repute
#### Occupancy rights: dealings with third parties
#### Void marriages
#### Occupancy rights: duration
#### Occupancy rights: proposed dealings with third parties
#### Amendment of definition of “matrimonial home”
#### Non-cohabitation without consent: removal of bar to divorce
#### Occupancy rights: effect of court action
#### Irretrievable breakdown of marriage: desertion no longer to be ground
#### Financial provision on divorce and dissolution of civil partnership: Pension Protection Fund
#### Special destinations: revocation on divorce or annulment
#### Financial provision: incidental orders
#### Abolition of status of illegitimacy
#### Parental responsibilities and parental rights of unmarried fathers
#### Domicile of persons under 16
#### Orders under section 11 of Children (Scotland) Act 1995: protection from abuse
#### Rights in certain household goods
#### Meaning of “cohabitant” in sections 26 to 29
#### Domestic interdicts
#### Amendment of Protection from Abuse (Scotland) Act 2001: powers of arrest
#### Application of 1981 Act to cohabiting couples of same sex
#### Amendments of Damages (Scotland) Act 1976
#### Amendments of Civil Partnership Act 2004
#### Amendments of Adults with Incapacity (Scotland) Act 2000
#### Amendments of Adults with Incapacity (Scotland) Act 2000
#### Jurisdiction: actions for declarator of recognition of certain foreign decrees
#### Matrimonial property
@@ -1557,12 +1557,6 @@
[^key-8a472d019a25e3bfffe2b87717b63069]: [Sch. 3](https://www.legislation.gov.uk/asp/2006/2/schedule/3) in force at 4.5.2006 by [S.S.I. 2006/212](https://www.legislation.gov.uk/ssi/2006/212), [art. 2](https://www.legislation.gov.uk/ssi/2006/212/article/2) (with [arts. 11-13](https://www.legislation.gov.uk/ssi/2006/212/article/11))
[^key-1b7a5b7182ddf64cdd5f52d7d88a5c03]: [S. 29A](https://www.legislation.gov.uk/asp/2006/2/section/29A) inserted (6.4.2011) by [Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234)](https://www.legislation.gov.uk/ssi/2011/234), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/1), [9(4)](https://www.legislation.gov.uk/ssi/2011/234/regulation/9/4) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/2)[(3)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/3))
[^key-ee91319981c5139c43a953ee910e4776]: Words in s. 28(8) inserted (6.4.2011) by [Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234)](https://www.legislation.gov.uk/ssi/2011/234), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/1), [9(2)](https://www.legislation.gov.uk/ssi/2011/234/regulation/9/2) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/2)[(3)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/3))
[^key-ad55fc107f19aaf02bfdb6015ec3086b]: Words in s. 29(6) inserted (6.4.2011) by [Cross-Border Mediation (Scotland) Regulations 2011 (S.S.I. 2011/234)](https://www.legislation.gov.uk/ssi/2011/234), [regs. 1(1)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/1), [9(3)](https://www.legislation.gov.uk/ssi/2011/234/regulation/9/3) (with [reg. 1(2)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/2)[(3)](https://www.legislation.gov.uk/ssi/2011/234/regulation/1/3))
[^key-6c951aad812e665bc2fa707452e1b99e]: [S. 35](https://www.legislation.gov.uk/asp/2006/2/section/35) repealed (7.7.2011) by [Damages (Scotland) Act 2011 (asp 7)](https://www.legislation.gov.uk/asp/2011/7), [s. 19(3)](https://www.legislation.gov.uk/asp/2011/7/section/19/3), [Sch. 2](https://www.legislation.gov.uk/asp/2011/7/schedule/2) (with [ss. 17](https://www.legislation.gov.uk/asp/2011/7/section/17), [19(2)](https://www.legislation.gov.uk/asp/2011/7/section/19/2)); [S.S.I. 2011/268](https://www.legislation.gov.uk/ssi/2011/268), [art. 3](https://www.legislation.gov.uk/ssi/2011/268/article/3) (with [art. 4](https://www.legislation.gov.uk/ssi/2011/268/article/4))
[^key-875761df0362798c9814602dcba1fd1a]: [Sch. 2 para. 2](https://www.legislation.gov.uk/asp/2006/2/schedule/2/paragraph/2) repealed (7.7.2011) by [Damages (Scotland) Act 2011 (asp 7)](https://www.legislation.gov.uk/asp/2011/7), [s. 19(3)](https://www.legislation.gov.uk/asp/2011/7/section/19/3), [Sch. 2](https://www.legislation.gov.uk/asp/2011/7/schedule/2) (with [ss. 17](https://www.legislation.gov.uk/asp/2011/7/section/17), [19(2)](https://www.legislation.gov.uk/asp/2011/7/section/19/2)); [S.S.I. 2011/268](https://www.legislation.gov.uk/ssi/2011/268), [art. 3](https://www.legislation.gov.uk/ssi/2011/268/article/3) (with [art. 4](https://www.legislation.gov.uk/ssi/2011/268/article/4))
@@ -1571,48 +1565,16 @@
[^key-ac438d6a5aeeabe94290ffd4b8c46f4f]: [S. 19](https://www.legislation.gov.uk/asp/2006/2/section/19) repealed (1.11.2016) by [Succession (Scotland) Act 2016 (asp 7)](https://www.legislation.gov.uk/asp/2016/7), [s. 31(2)](https://www.legislation.gov.uk/asp/2016/7/section/31/2), [sch. para. 4](https://www.legislation.gov.uk/asp/2016/7/schedule/paragraph/4); [S.S.I. 2016/210](https://www.legislation.gov.uk/ssi/2016/210), [reg. 2(1)(a)](https://www.legislation.gov.uk/ssi/2016/210/regulation/2/1/a)[(2)](https://www.legislation.gov.uk/ssi/2016/210/regulation/2/2)
[^key-8809f6803cb59c29a6325722506f739d]: Words in [s. 28(8)](https://www.legislation.gov.uk/asp/2006/2/section/28/8) omitted (31.12.2020) by virtue of [The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441)](https://www.legislation.gov.uk/ssi/2020/441), [regs. 1(2)(b)](https://www.legislation.gov.uk/ssi/2020/441/regulation/1/2/b), [5(2)](https://www.legislation.gov.uk/ssi/2020/441/regulation/5/2) (with [reg. 7](https://www.legislation.gov.uk/ssi/2020/441/regulation/7))
[^key-192a1d49edebce8c56d25d613d4678df]: Words in [s. 29(6)](https://www.legislation.gov.uk/asp/2006/2/section/29/6) omitted (31.12.2020) by virtue of [The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441)](https://www.legislation.gov.uk/ssi/2020/441), [regs. 1(2)(b)](https://www.legislation.gov.uk/ssi/2020/441/regulation/1/2/b), [5(2)](https://www.legislation.gov.uk/ssi/2020/441/regulation/5/2) (with [reg. 7](https://www.legislation.gov.uk/ssi/2020/441/regulation/7))
[^key-fdc29633e9a8a09b9ff2167c5bb98340]: S. 29A omitted (31.12.2020) by virtue of [The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441)](https://www.legislation.gov.uk/ssi/2020/441), [regs. 1(2)(b)](https://www.legislation.gov.uk/ssi/2020/441/regulation/1/2/b), [5(3)](https://www.legislation.gov.uk/ssi/2020/441/regulation/5/3) (with [reg. 7](https://www.legislation.gov.uk/ssi/2020/441/regulation/7))
##### 29A
- (1) This section applies to the calculation of—
- (a) the one year period for the purposes of section 28(8) in relation to a relevant cross-border dispute; and
- (b) the 6 month period for the purposes of section 29(6) in relation to a relevant cross-border dispute.
- (2) A period referred to in subsection (1) is extended where it would, apart from this subsection, expire—
- (a) in the 8 weeks after the date that a mediation in relation to the dispute ends;
- (b) on the date that a mediation in relation to the dispute ends; or
- (c) after the date when all of the parties to the dispute agree to participate in a mediation in relation to the dispute but before the date that such mediation ends.
- (3) Where subsection (2) applies, the period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.
- (4) For the purposes of this section, mediation in relation to a relevant cross-border dispute ends when any of the following occurs—
- (a) all of the parties reach an agreement in resolution of the dispute;
- (b) all of the parties agree to end the mediation;
- (c) a party withdraws from the mediation, which is the date on which—
- (i) i)a party informs all of the other parties of that party’s withdrawal,
- (ii) in the case of a mediation involving 2parties, 14 days expire after a request made by one party to the other party for confirmation of whether the other party has withdrawn, if the other party does not respond in that period, or
- (iii) in the case of a mediation involving more than 2parties, a party informs all of the remaining parties that the party received no response in the 14 days after a request to another party for confirmation of whether the other party had withdrawn; or
- (d) a period of 14 days expires after the date on which the mediator’s tenure ends (by reason of death, resignation or otherwise), if a replacement mediator has not been appointed.
- (5) In this section—
- “the Directive” means Directive [2008/52/EC](https://www.legislation.gov.uk/european/directive/2008/0052) of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;
- “mediation” and “mediator” have the meanings given by Article 3 of the Directive; and
- “relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive which is about—a sum which a court may order to be paid under section 28(2);a sum which a court may order to be paid under section 29(2); orproperty which a court may order to be transferred under section 29(2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Jurisdiction: actions for declarator of recognition of certain foreign decrees
#### Matrimonial property
#### Validity of marriages
2016-11-01
Family Law (Scotland) Act 2006
2014-06-03
Family Law (Scotland) Act 2006
2011-04-06
Family Law (Scotland) Act 2006
2006-05-04
Family Law (Scotland) Act 2006
2006-01-20
Family Law (Scotland) Act 2006
original version
Text at this date