OpenLegislation

Family Law Act 1996 in Scotland

1996 c. 27 · Enacted 4 July 1996 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 25 March 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 8 para. 53repealedHousing and Regeneration Act 2008 Sch. 16
Sch. 8 para. 59 and cross-headingrepealedHousing and Regeneration Act 2008 Sch. 16

Contents

  1. Part II: Divorce and Separation
  2. 2Divorce and separation. Not yet in force
  3. 3Circumstances in which orders are made. Not yet in force
  4. 4Conversion of separation order into divorce order. Not yet in force
  5. 5Marital breakdown. Not yet in force
  6. 6Statement of marital breakdown. Not yet in force
  7. 7Period for reflection and consideration. Not yet in force
  8. 10Hardship: orders preventing divorce. Not yet in force
  9. 11Welfare of children. Not yet in force
  10. 13Directions with respect to mediation. Not yet in force
  11. 14Adjournments. Not yet in force
  12. 15Financial arrangements. Not yet in force
  13. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 18Grounds for financial provision orders in magistrates’ courts. Not yet in force
  15. 19Jurisdiction in relation to divorce and separation. Not yet in force
  16. 20Time when proceedings for divorce or separation begin. Not yet in force
  17. 21Intestacy: effect of separation. Not yet in force
  18. 24Interpretation of Part II etc. Not yet in force
  19. 25Connected proceedings. Not yet in force
  20. Occupation orders
  21. 39Supplementary provisions.
  22. 40Additional provisions that may be included in certain occupation orders.
  23. 42AOffence of breaching non-molestation order
  24. Further provisions relating to occupation and non-molestation orders
  25. 43Leave of court required for applications by children under sixteen.
  26. Enforcement powers of magistrates’ courts
  27. Interim care orders and emergency protection orders
  28. 52Amendments of Children Act 1989.
  29. Transfer of tenancies
  30. 53Transfer of certain tenancies.
  31. Dwelling-house subject to mortgage
  32. 55Actions by mortgagees: joining connected persons as parties.
  33. 56Actions by mortgagees: service of notice on certain persons.
  34. 58Contempt proceedings.
  35. 60Provision for third parties to act on behalf of victims of domestic violence. Not yet in force
  36. General
  37. 63AForced marriage protection orders
  38. 63BContents of orders
  39. 63CApplications and other occasions for making orders
  40. 63CAOffence of breaching order
  41. Further provision about orders
  42. 63DEx parte orders: Part 4A
  43. 63FDuration of orders
  44. Arrest for breach of orders
  45. Jurisdiction and procedure
  46. 63OContempt proceedings: Part 4A
  47. Supplementary
  48. 63QGuidance
  49. 63ROther protection or assistance against forced marriage
  50. Part V: Supplemental
  51. 66Consequential amendments, transitional provisions and repeals.
  52. 67Short title, commencement and extent.
  53. The first exemption Not yet in force
  54. 1Paragraph 1 Not yet in force
  55. The second exemption Not yet in force
  56. 2Paragraph 2 Not yet in force
  57. The third exemption Not yet in force
  58. 3Paragraph 3 Not yet in force
  59. The fourth exemption Not yet in force
  60. 4Paragraph 4 Not yet in force
  61. Court orders and agreements Not yet in force
  62. 5Paragraph 5 Not yet in force
  63. Financial arrangements Not yet in force
  64. 6Paragraph 6 Not yet in force
  65. Negotiated agreements Not yet in force
  66. 7Paragraph 7 Not yet in force
  67. Declarations Not yet in force
  68. 8Paragraph 8 Not yet in force
  69. Interpretation Not yet in force
  70. 9Paragraph 9 Not yet in force
  71. Introductory Not yet in force
  72. 1Paragraph 1 Not yet in force
  73. The orders Not yet in force
  74. Financial provision: divorce and separation Not yet in force
  75. 3Paragraph 3 Not yet in force
  76. Financial provision: nullity of marriage Not yet in force
  77. 4Paragraph 4 Not yet in force
  78. Property adjustment orders: divorce and separation Not yet in force
  79. 5Paragraph 5 Not yet in force
  80. Property adjustment orders: nullity Not yet in force
  81. 6Paragraph 6 Not yet in force
  82. Pension sharing orders: divorce and nullity Not yet in force
  83. 6AParagraph 6A Not yet in force
  84. Period of secured and unsecured payments orders Not yet in force
  85. 7Paragraph 7 Not yet in force
  86. Variations et ceteralaetc. following reconciliations Not yet in force
  87. 8Paragraph 8 Not yet in force
  88. Introductory Not yet in force
  89. 1Paragraph 1 Not yet in force
  90. Interpretation Not yet in force
  91. 2Paragraph 2 Not yet in force
  92. 3Paragraph 3 Not yet in force
  93. 4Paragraph 4 Not yet in force
  94. Duty to furnish particulars of concurrent proceedings Not yet in force
  95. 5Paragraph 5 Not yet in force
  96. Obligatory stays in divorce cases Not yet in force
  97. 6Paragraph 6 Not yet in force
  98. Discretionary stays Not yet in force
  99. 7Paragraph 7 Not yet in force
  100. Discharge of orders Not yet in force
  101. 8Paragraph 8 Not yet in force
  102. Ancillary matters Not yet in force
  103. Interpretation
  104. Restriction on registration where spouse entitled to more than one charge
  105. Contract for sale of house affected by registered charge to include term requiring cancellation of registration before completion
  106. Postponement of priority of charge
  107. Interpretation
  108. Remand in custody or on bail
  109. 2Paragraph 2
  110. Further remand
  111. 3Paragraph 3
  112. Postponement of taking of recognizance
  113. 4Paragraph 4
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. 5Paragraph 5
  119. Interpretation
  120. Cases in which the court may make an order
  121. Matters to which the court must have regard
  122. References to entitlement to occupy
  123. Protected, secure or assured tenancy or assured agricultural occupancy
  124. Statutory tenancy within the meaning of the Rent Act 1977
  125. Statutory tenancy within the meaning of the Rent (Agriculture) Act 1976
  126. Part III: Supplementary provisions
  127. Compensation
  128. Liabilities and obligations in respect of the dwelling-house
  129. Inclusion of references to decrees in references to orders
  130. 13AParagraph 13A
  131. Rules of court
  132. 14Paragraph 14
  133. Saving for other provisions of Act
  134. 1Paragraph 1 Not yet in force
  135. 2Paragraph 2 Not yet in force
  136. 3Paragraph 3 Not yet in force
  137. 4Paragraph 4 Not yet in force
  138. 10Paragraph 10 Not yet in force
  139. 26Paragraph 26 Not yet in force
  140. 27Paragraph 27 Not yet in force
  141. 28Paragraph 28 Not yet in force
  142. 29Paragraph 29 Not yet in force
  143. The Civil Jurisdiction and Judgments Act 1982 (c. 27) Not yet in force
  144. 31Paragraph 31 Not yet in force
  145. The Finance Act 1985 (c. 54) Not yet in force
  146. 33Paragraph 33 Not yet in force
  147. 34Paragraph 34 Not yet in force
  148. 35Paragraph 35 Not yet in force
  149. 36Paragraph 36 Not yet in force
  150. The Family Law Act 1986 (c. 55) Not yet in force
  151. 37Paragraph 37 Not yet in force
  152. 38Paragraph 38 Not yet in force
  153. 40Paragraph 40 Not yet in force
  154. 41Paragraph 41 Not yet in force
  155. 42Paragraph 42 Not yet in force
  156. 43Paragraph 43 Not yet in force
  157. 43AParagraph 43A Not yet in force
  158. Part III: Amendments connected with Part IV
  159. The Land Registration Act 1925 (c. 21)
  160. The Land Charges Act 1972 (c. 61)
  161. 46Paragraph 46
  162. 47Paragraph 47
  163. The Land Compensation Act 1973 (c. 26)
  164. The Magistrates’ Courts Act 1980 (c. 43)
  165. The Contempt of Court Act 1981 (c. 49)
  166. 50Paragraph 50
  167. The Matrimonial and Family Proceedings Act 1984 (c. 42)
  168. 52Paragraph 52
  169. The Housing Act 1985 (c. 68)
  170. 54Paragraph 54
  171. 55Paragraph 55
  172. 56Paragraph 56
  173. The Insolvency Act 1986 (c. 45)
  174. 57Paragraph 57
  175. 58Paragraph 58
  176. The Children Act 1989 (c. 41)
  177. 60Paragraph 60
  178. The Courts and Legal Services Act 1990 (c. 41)
  179. Transitional arrangements for those who have been living apart Not yet in force
  180. Modifications of enactments etc.
  181. 3Paragraph 3
  182. Expressions used in paragraphs 2 and 3
  183. Proceedings under way Not yet in force
  184. 5Paragraph 5 Not yet in force
  185. 6Paragraph 6 Not yet in force
  186. Interpretation
  187. 7Paragraph 7
  188. Pending applications for orders relating to occupation and molestation
  189. 8Paragraph 8
  190. Pending applications under Schedule 1 to the Matrimonial Homes Act 1983
  191. 9Paragraph 9
  192. Existing orders relating to occupation and molestation
  193. 10Paragraph 10
  194. Matrimonial home rights
  195. 11Paragraph 11
  196. 12Paragraph 12
  197. 13Paragraph 13
  198. 14Paragraph 14
  199. 15Paragraph 15
  200. Schedule 10Repeals