Family Law Act 1996 - Scotland

 

1996 CHAPTER 27

ARRANGEMENT OF SECTIONS

Go to Preamble

1. Part I

   Principles of Parts II and III

   1. 1. The general principles underlying Parts II and III.

2. Part II

   Divorce and Separation

   1. Court orders

      1. 2. Divorce and separation.

      2. 3. Circumstances in which orders are made.

      3. 4. Conversion of separation order into divorce order.

   2. Marital breakdown

      1. 5. Marital breakdown.

      2. 6. Statement of marital breakdown.

   3. Reflection and consideration

      1. 7. Period for reflection and consideration.

      2. 8. Attendance at information meetings.

      3. 9. Arrangements for the future.

   4. Orders preventing divorce

      1. 10. Hardship: orders preventing divorce.

   5. Welfare of children

      1. 11. Welfare of children.

   6. Supplementary

      1. 12. Lord Chancellor’s rules.

   7. Resolution of disputes

      1. 13. Directions with respect to mediation.

      2. 14. Adjournments.

   8. Financial provision

      1. 15. Financial arrangements.

      2. 16. Division of pension rights: England and Wales.

      3. 17. Division of pension assets: Scotland.

      4. 18. Grounds for financial provision orders in magistrates' courts.

   9. Jurisdiction and commencement of proceedings

      1. 19. Jurisdiction in relation to divorce and separation.

      2. 20. Time when proceedings for divorce or separation begin.

   10. Intestacy

       1. 21. Intestacy: effect of separation.

   11. Marriage support services

       1. 22. Funding for marriage support services.

       2. 23. Provision of marriage counselling.

   12. Interpretation

       1. 24. Interpretation of Part II etc.

       2. 25. Connected proceedings.

3. Part III

   Legal Aid for Mediation in Family Matters

   1. 26. Legal aid for mediation in family matters.

   2. 27. Provision and availability of mediation.

   3. 28. Payment for mediation.

   4. 29. Mediation and civil legal aid.

4. Part IV

   Family Homes and Domestic Violence

   1. Rights to occupy matrimonial home

      1. 30. Rights concerning matrimonial home where one spouse has no estate, etc.

      2. 31. Effect of matrimonial home rights as charge on dwelling-house.

      3. 32. Further provisions relating to matrimonial home rights.

   2. Occupation orders

      1. 33. Occupation orders where applicant has estate or interest etc. or has matrimonial home rights.

      2. 34. Effect of order under s. 33 where rights are charge on dwelling-house.

      3. 35. One former spouse with no existing right to occupy.

      4. 36. One cohabitant or former cohabitant with no existing right to occupy.

      5. 37. Neither spouse entitled to occupy.

      6. 38. Neither cohabitant or former cohabitant entitled to occupy.

      7. 39. Supplementary provisions.

      8. 40. Additional provisions that may be included in certain occupation orders.

      9. 41. Additional considerations if parties are cohabitants or former cohabitants.

   3. Non-molestation orders

      1. 42. Non-molestation orders.

   4. Further provisions relating to occupation and non-molestation orders

      1. 43. Leave of court required for applications by children under sixteen.

      2. 44. Evidence of agreement to marry.

      3. 45. Ex parte orders.

      4. 46. Undertakings.

      5. 47. Arrest for breach of order.

      6. 48. Remand for medical examination and report.

      7. 49. Variation and discharge of orders.

   5. Enforcement powers of magistrates' courts

      1. 50. Power of magistrates' court to suspend execution of committal order.

      2. 51. Power of magistrates' court to order hospital admission or guardianship.

   6. Interim care orders and emergency protection orders

      1. 52. Amendments of Children Act 19891989.

   7. Transfer of tenancies

      1. 53. Transfer of certain tenancies.

   8. Dwelling-house subject to mortgage

      1. 54. Dwelling-house subject to mortgage.

      2. 55. Actions by mortgagees: joining connected persons as parties.

      3. 56. Actions by mortgagees: service of notice on certain persons.

   9. Jurisdiction and procedure etc.

      1. 57. Jurisdiction of courts.

      2. 58. Contempt proceedings.

      3. 59. Magistrates' courts.

      4. 60. Provision for third parties to act on behalf of victims of domestic violence.

      5. 61. Appeals.

   10. General

       1. 62. Meaning of “cohabitants”, “relevant child” and “associated persons”.

       2. 63. Interpretation of Part IV.

5. Part V

   Supplemental

   1. 64. Provision for separate representation for children.

   2. 65. Rules, regulations and orders.

   3. 66. Consequential amendments, transitional provisions and repeals.

   4. 67. Short title, commencement and extent.

6. Schedules:

   1. Schedule 1

      Arrangements for the future.

   2. Schedule 2

      Financial provision.

   3. Schedule 3

      Stay of proceedings.

   4. Schedule 4

      Provisions supplementary to sections 30 and 31.

   5. Schedule 5

      Powers of High Court and county court to remand.

   6. Schedule 6

      Amendments of Children Act 1989.

   7. Schedule 7

      Transfer of certain tenancies on divorce etc. or on separation of cohabitants.

      1. Part I

         General.

      2. Part II

         Orders that may be made.

      3. Part III

         Supplementary provisions.

   8. Schedule 8

      Minor and consequential amendments.

      1. Part I

         Amendments connected with Part II.

      2. Part II

         Amendments connected with Part III.

      3. Part III

         Amendments connected with Part IV.

   9. Schedule 9

      Modifications, saving and transitional.

   10. Schedule 10

       Repeals.

An Act to make provision with respect to: divorce and separation; legal aid in connection with mediation in disputes relating to family matters; proceedings in cases where marriages have broken down; rights of occupation of certain domestic premises; prevention of molestation; the inclusion in certain orders under the Children Act 1989 of provisions about the occupation of a dwelling-house; the transfer of tenancies between spouses and persons who have lived together as husband and wife; and for connected purposes.

[4th July 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—