Divorce & Dissolution in Scottish Family Law

These flashcards cover key terms and concepts related to divorce and dissolution under Scottish Family Law, as outlined in the provided notes.

Divorce

The legal dissolution of a marriage, terminating the relationship.

Dissolution

The end of a civil partnership.

Divorce (Scotland) Act 1976

Legislation governing divorce in Scotland.

Irretrievable breakdown

The grounds for divorce indicating that a marriage cannot be repaired.

Adultery

The act of being unfaithful to a spouse, constituting grounds for divorce.

Intolerable behaviour

Behavior by one spouse that makes it unreasonable for the other to continue cohabiting.

Non cohabitation

A ground for divorce based on a period of living apart.

Cohabiting

The act of living together as spouses.

Condonation

The legal principle that if a spouse forgives and continues to live with the adulterer, they cannot then use that adultery as grounds for divorce.

Lenocinium

A defense against the claim of adultery, arguing that the spouse tolerated the behaviors.

Reconciliation

The process of attempting to restore the marriage before divorce proceedings.

Balance of probabilities

The standard of proof in civil matters, used in divorce cases to prove grounds for divorce.

Grounds of divorce

Legal reasons a court accepts for terminating a marriage.

Evidence of adultery

Proof required to establish that adultery occurred, such as in the case of MacLennan v MacLennan.

Two years non-cohabitation

A ground for divorce where the couple has lived apart for two years.

One year non-cohabitation

A ground for divorce requiring one year of living apart with consent of the defender.

S. 1(2)(a)

Section of the Divorce (Scotland) Act 1976 concerning grounds of irretrievable breakdown due to adultery.

S. 1(2)(b)

Section concerning grounds of intolerable behavior in divorce proceedings.

S. 2(2)

Section regarding the conditions under which adultery may not be considered condoned.

S. 2(4)

Section outlining the treatment of cohabitation periods in determining grounds for divorce.