A Scottish Government Consultation on Family Law - draft Impact Assessments

Footnotes

1 Under the Family Law (Scotland) Act 2006, “marriage by cohabitation with habit and repute” was abolished except in relation to couples who began cohabiting prior to 4 May 2006. Where a couple started cohabiting prior to 4 May 2006, one of them could seek an order from a civil court that they are married on the basis of “cohabitation with habit and repute”. This could apply where they had cohabited for a considerable period, treated each other as spouses and were reputed amongst third parties to be married.

2 Domicile is a complex legal concept. In general terms, domicile is the country that a person treats as their permanent home and with which they have a substantial connection. Below the age of 16 a child living with his or her parents will generally share a domicile with the parents (known as a “domicile of dependence”).

3 Based on the statutory court fees then applicable.

4 For example https://scottishdivorceonline.co.uk/; https://www.keesolicitors.co.uk/solicitor-services/divorce-costs;and https://randa-fa.co.uk/practice/divorce-in-scotland/

5 For example https://scottishdivorceonline.co.uk/ordinary-divorce/; https://www.keesolicitors.co.uk/solicitor-services/ordinary-divorce-process; and https://randa-fa.co.uk/practice/divorce-in-scotland/.

6 This is where a transgender person has applied to the Gender Recognition Panel to be legally recognised in their acquired gender (the gender in which they live) but the panel can only grant an interim gender recognition certificate because the applicant’s spouse or civil partner has not agreed to the marriage or civil partnership continuing after the issue of a full gender recognition certificate. The applicant or their spouse or civil partner can seek to end the marriage or civil partnership by way of divorce on this basis. The Scottish Civil Justice Council proposes to exclude from the simplified procedures those cases where the basis of the divorce or dissolution is the issue of an interim gender recognition certificate. This CRWIA does not consider the SCJC proposal. The numbers of such cases are very low and gender recognition can only be applied for once an applicant is 18 and so cannot affect children who are married or in a civil partnership and who themselves have children.

7 Section 11(7) to (7E) of the Children (Scotland) Act 1995.

8 This is where a transgender person has applied to the Gender Recognition Panel to be legally recognised in their acquired gender (the gender in which they live) but the panel can only grant an interim gender recognition certificate because the applicant’s spouse or civil partner has not agreed to the marriage or civil partnership continuing after the issue of a full gender recognition certificate. The applicant or their spouse or civil partner can seek to end the marriage or civil partnership by way of divorce on this basis. The Scottish Civil Justice Council proposes to exclude from the simplified procedures those cases where the basis of the divorce or dissolution is the issue of an interim gender recognition certificate. This CRWIA does not consider the SCJC proposal. The numbers of such cases are very low and gender recognition can only be applied for once an applicant is 18 and so cannot affect children who are married or in a civil partnership and who themselves have children.