Improving Scottish Family law

1. Scot Law Com No. 116, 27 April 1989, available from The Stationery Office price £4.50 BACK

2 Scot Law Com No. 135, 6 May 1992, available from The Stationery Office price £19.45 BACK

3. Average of the figures from 1995 to 1997. This percentage has however fallen from over 60% in 1965 to almost 51% in 1997 when there was a large increase in the numbers of childless couples seeking divorce. BACK

4 Access to Justice, Beyond the Year 2000: A Consultation Paper on Civil Legal Aid, The Scottish Office Home Department, 1998 BACK

5 Access to Justice _ Beyond the Year 2000, paragraph 5.28 BACK

6 instituted by Section 4 of the Children (Scotland) Act 1995 BACK

7 Scottish Law Commission Report on Family Law (Scot Law Com No 135) 1992, paras 2.36-2.51 BACK

8 Parental Responsibilities and Rights, Guardianship and the Administration of Children's Property (Scottish Law Commission Discussion Paper No 86)(May 1990) BACK

9 Hansard, House of Commons, 5 December 1994, cols 48-50 Hansard, House of Commons Special Standing Committee, 21 February 1995, cols 225-245 Hansard, House of Commons Special Standing Committee, 23 February 1995, cols 255-278 Hansard, House of Commons, 1 May 1995, cols 75-90 Hansard, House of Lords, 6 June 1995, cols 13-17 Hansard, House of Lords, 5 July 1995, cols 1122-1124 Hansard, House of Lords, 12 July 1995, cols 1792-1797 BACK

10 Children (Scotland) Act 1995, Section 12 Adoption (Scotland) Act 1978, Part IV Human Fertilisation & Embryology Act 1990, sections 27 to 30 BACK

11 Children (Scotland) Act 1995, Section 1 BACK

12 Children (Scotland) Act 1995, Section 11(7)(a) BACK

13 Children (Scotland) Act 1995, Section 1(1)(c) & 2(1)(c) BACK

14 Family Law (Scotland) Act 1985, Section 9(1)(a): "the net value of the matrimonial property should be shared fairly between the parties to the marriage;" BACK

15 Family Law (Scotland) Act 1985, Section 8(2) BACK

16 See also paragraph 24.028 in The Law of Husband and Wife in Scotland, (Fourth Edition) Dr Eric M Clive, published by W. Green, Edinburgh 1997 ISBN 0 414 01153 8 BACK

17 1993 S.L.T. 1348. BACK

18 Paragraph 24.098, The Law of Husband and Wife in Scotland, (Fourth Edition) Dr Eric M Clive, published by W. Green, Edinburgh 1997 ISBN 0 414 01153 8 BACK

19 See paragraph 8.4.6 below BACK

20 Family Law (Scotland) Act 1985, Section 8(2) BACK

21 Family Law (Scotland) Act 1985, Section 9(1)(b) BACK

22. Family Law (Scotland) Act 1985, Section 11(2)(a) & (b) BACK