Scotland—divorce and civil partnership dissolution—glossary
Produced in partnership with Sally Nash of Gilson Gray LLP
Scotland—divorce and civil partnership dissolution—glossary

The following Family guidance note Produced in partnership with Sally Nash of Gilson Gray LLP provides comprehensive and up to date legal information covering:

  • Scotland—divorce and civil partnership dissolution—glossary
  • Answer to condescendence
  • Books of Council and Session
  • By-order hearing (Court of Session)
  • Conclusions (Court of Session)
  • Condescendence
  • Continued
  • Court of Session
  • Defences (sheriff court and Court of Session)
  • Defender
  • more

This Practice Note provides a glossary of terminology in relation to divorce and dissolution proceedings in Scotland. See also Practice Note: Scotland—divorce and civil partnership dissolution.

For practical guidance on other aspects of family law in Scotland, see Practice Notes: Private children proceedings in Scotland, Financial provision for spouses and civil partners in Scotland and Cohabitant claims in Scotland.

Answer to condescendence

The factual background in response to that set out by the pursuer in their initial writ or summons, and the factual background to the orders sought by the defender.

Books of Council and Session

A Scottish public register, comprising inter alia the register of judgments. A financial minute of agreement may be registered in the Books of Council and Session to enable future enforcement if necessary.

By-order hearing (Court of Session)

A by-order hearing (now also sometimes referred to as a case management hearing) is a procedural hearing in the Court of Session. In England and Wales such a hearing is referred to as a directions appointment or hearing.

Conclusions (Court of Session)

The orders being sought by the pursuer, which may be set out in their summons (Court of Session), or by the defender in their defences (sheriff court and Court of Session).

Condescendence

The factual background to the orders sought by the pursuer