FAMILY MATTERS: IMPROVING FAMILY LAW IN SCOTLAND
Footnotes
1 A separate Scottish figure is not available
2 Some of the 1992 report proposals were taken forward in the Children (Scotland) Act 1995 and the Criminal Justice (Scotland) Act 2003
3 Choices for Children in Fostering and Adoption was published by the review group on 11 September 2003 and can be accessed at http://www.scotland.gov.uk/library5/education/ccfa-00.asp
4 Take-up is currently low; there were 502 registered agreements in 2003.
5 If a power of arrest is attached to an interdict, a constable may arrest without warrant the non-applicant spouse if he has reasonable cause for suspecting that spouse to be in breach of the interdict
6 This is a separate issue from the possible introduction of civil partnerships. The Executive has separately set out its plans on civil partnerships which would make available a package of rights and responsibilities to same-sex couples who register their partnership.
7 Provided that there has not already been a decree of declarator of nullity in respect of the marriage in question or a later marriage to someone else in reliance on the nullity of the first marriage.
8 Except in the extremely rare cases where an action is raised after the death of both parties.
9 We plan to make it clear that a repeated false accusation of marriage may be a wrong sufficient to ground an interdict.
10 Subject to the provisions of the Foreign Marriage Act 1892 as amended. This maintains the current position.
11 These exceptions are those rules that are essential to the validity of a marriage under domestic Scots law. They include either party being married already, being under 16 years of age, or unable to give effective consent, the parties being of the same sex or in a prohibited degree of relationship to each other.
12 We plan to retain the existing Scottish rule for immoveable property: that it is governed by the law of the property where the property is situated. Both rules will be subject to any agreement to the contrary made by the spouses. Vested rights will not be affected by any change in domicile.