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Scottish Law Commission
(Scot Law Com No 116)

Report on Reform of the Ground for Divorce

Laid before Parliament by the Lord Advocate under section 3(2) of the Law Commissions Act 1965

Ordered by the House of Commons to be printed 27th April, 1989

EDINBURGH

HER MAJESTY'S STATIONERY OFFICE £4.50 net

The Scottish Law Commission was set up by section 2 of the Law Commission Act 1965 for the purpose of promoting the reform of the law of Scotland. The Commissioners are:

The Honourable Lord Davidson, Chairman,
Dr E M Clive,
Professor P N Love, CBE,
Sheriff C O B Nicholson, OC,
Mr W A Nimmo Smith, QC.

The Secretary of the Commission is Mr K F Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR.

Scottish Law Commission
Item 14 of our Second Programme of Law Reform
Reform of the Ground for Divorce

To: The Right Honourable the Lord Fraser of Carmyllie, QC, Her Majesty's Advocate

We have the honour to submit our Report on Reform of the Ground for Divorce.

(Signed) C K DAVIDSON, Chairman
E M CLIVE
PHILIP N LOVE
GORDON NICHOLSON
W A NIMMO SMITH

KENNETH F BARCLAY, Secretary 13 February 1989

Contents

PART I RECOMMENDATION

PART II REASONS
Why reform?
Why reform now?
Why the particular reform recommended?

PART III REJECTED OPTIONS
Introduction
Period of separation as sole ground for divorce
Period of notice as sole ground for divorce
Other options

PART IV OTHER MATTERS
Children
Aliment and financial provision
Occupancy rights in the matrimonial home
Matrimonial interdicts
Conciliation
Judicial separation
United Kingdom context

APPENDIX A Excerpt from Divorce (Scotland) Act 1976

APPENDIX B Draft Divorce (Scotland) Bill

APPENDIX C List of those submitting written comments

APPENDIX D Excerpt from System Three Scotland's Report of a Survey on Proposed Changes to the Divorce Law

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