Sections 1 and 2 of the Divorce (Scotland) Act 1976 (D(S)A 1976) (as amended by the Family Law (Scotland) Act 2006 (FL(S)A 2006)) provide that there are two grounds of divorce in Scotland:
that the marriage has broken down irretrievably, or
an interim gender recognition certificate under the Gender Recognition Act 2004 (GRA 2004) has, after the date of the marriage, been issued to either party of the marriage, even if a full gender recognition certificate has been issued to that person by a sheriff under the procedure provided for in GRA 2004, s 4E—in contrast, this provision does not apply if the Gender Recognition Panel (ie as opposed to the sheriff) issues a full gender recognition certificate to the person to whom an interim gender recognition certificate has been issued
The most commonly used ground is that the marriage has broken down irretrievably, and under D(S)A 1976, s 1(2) this can be established in one of four ways, ie that:
since the date of the marriage, the defender has committed
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
Family analysis: In A and another v C and another [2026] EWHC 972 (Fam), Mr Justice Williams re-stated the approach to parental orders under section...
On 29 April 2026, the Children’s Wellbeing and Schools Act 2026, which, among other things, makes a series of amendments to the Children Act 1989 (ChA...
The UK Supreme Court has announced that His Majesty The King has approved the appointment of Lord Justice Snowden as a Justice of the Supreme Court....
The Victims and Courts Bill has received Royal Assent, introducing reforms aimed at strengthening victims’ rights and improving the operation of the...
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin
0330 161 1234