Section 14 Interdict competent where spouses live together.

(1)

It shall not be incompetent for the court to entertain an application by a spouse for a matrimonial interdict by reason only that the spouses are living together as man and wife.

(2)

In this section F1... of this Act—

“matrimonial interdict” means an interdict including an interim interdict which—

(a)

restrains or prohibits any conduct of one spouse towards the other spouse or a child of the family, or

F2(b)

subject to subsection (3), prohibits a spouse from entering or remaining in—

(i)

a matrimonial home;

(ii)

any other residence occupied by the applicant spouse;

(iii)

any place of work of the applicant spouse;

(iv)

any school attended by a child in the permanent or temporary care of the applicant spouse.

F3(3)

Subsection (4) applies if in relation to a matrimonial home the non-applicant spouse—

(a)

is an entitled spouse; or

(b)

has occupancy rights.

(4)

Except where subsection (5) applies, the court may not grant a matrimonial interdict prohibiting the non-applicant spouse from entering or remaining in the matrimonial home.

(5)

This subsection applies if—

(a)

the interdict is ancillary to an exclusion order; or

(b)

by virtue of section 1(3), the court refuses leave to exercise occupancy rights.

(6)

In this section F4..., “ applicant spouse ” means the spouse who has applied for the interdict; and “ non-applicant spouse ” shall be construed accordingly.

Annotations

Textual amendments

F1: Words in s. 14(2) repealed (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), s. 46(2), Sch. 3; S.S.I. 2006/212, art. 2
F2: S. 14(2)(b) substituted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 10(2), 46(2); S.S.I. 2006/212, art. 2
F3: S. 14(3)-(6) added (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 10(3), 46(2); S.S.I. 2006/212, art. 2
F4: Words in s. 14(6) repealed (30.6.2006) by Family Law (Scotland) Act 2006 (Consequential Modifications) Order 2006 (S.S.I. 2006/384), arts. 1, 6