****
Scottish Executive*Publications  

Making it work together
* * *
* Home | Topics | About | News | Publications | Consultations | Search | Links | Contacts | Help *
Publications > Crime, Law, Justice & Rights
*
 

< Previous | Contents | Next >

Scottish Law Commission:
Report on Reform of the Ground for Divorce

Appendix B

DIVORCE (SCOTLAND) BILL ARRANGEMENT OF CLAUSES

Clause

1. Restriction of periods of non-cohabitation required.

2. Repeal of desertion provisions.

3. Saving.

4. Citation, commencement and extent.

 

DRAFT OF A BILL TO

A.D. 1989 Amend the law of Scotland as to certain of the facts to be established for the purpose of obtaining decree of divorce or separation of the parties to a marriage; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

 

Divorce (Scotland) Bill

Restriction of periods of non-cohabitation required. 1976 C. 39.

1. Subject to section 3 below, section 1(2)(d) and (e) (periods of non-cohabitation) of the Divorce (Scotland) Act 1976 shall have effect as if for the words "two years" and "five years" there were substituted respectively the words "one year" and "two years".

Repeal of desertion provisions.1976 c. 39.

2. Subject to section 3 below, paragraph (c) of section 1(2) (desertion) and subsection (3) of section 2 (reconciliation after desertion) of the Divorce (Scotland) Act 1976 are hereby repealed and accordingly the reference in paragraph (4) of the said section 2 to the said paragraph (c) shall cease to have effect.

Savings.

3. Nothing in this Act shall apply in relation to any action for divorce or separation brought before the commencement of this Act.

Citation, commencement and extent.

4.-(1) This Act may be cited as the Divorce (Scotland) Act 1989.

(2) This Act shall come into operation at the end of the period of two months from the date on which the Act is passed.

(3) This Act shall extend to Scotland only.

 

EXPLANATORY NOTE

The draft Bill implements the recommendation in paragraph 1.1 of the report. It is largely self-explanatory. The only point which calls for comment is that the changes made by the Bill would apply to actions for separation as well as to actions for divorce. This is because section 4 of the Divorce (Scotland) Act 1976 says that sections 1 and 2 of the Act apply to an action for separation as they apply to an action for divorce subject to

"(a) the modification that any reference to irretrievable breakdown of a marriage shall be construed as a reference to grounds justifying decree of separation of the parties to a marriage; and

(b) all other necessary modifications."

< Previous | Contents | Next >

* * *
* Home | Topics | About | News | Publications | Consultations | Search | Links | Contacts | Help *
Crown Copyright | Privacy policy | Content Disclaimer | General enquiries