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Scotland

Remedies on dissolution

This section looks at remedies available when a civil partnership is dissolved.

This content applies to Scotland

Domestic abuse - remedies on dissolution of civil partnership

When a civil partnership is dissolved the partners will no longer have the protection assumed from occupancy rights. [1] A court granting the dissolution of a civil partnership can also make orders regarding the family home if asked to do so. [2]

If requested by the civil partner making the application, the court can make an incidental order to the dissolution of the civil partnership regulating the occupation of the family home. [3] Such an order needs to be justified by reference to the general principles used by the court in deciding how to regulate finances between the parties. [4]

Last updated: 17 February 2020

Footnotes

  • [1]

    s.105(2) Civil Partnership Act 2004

  • [2]

    s.8(1) Family Law (Scotland) Act 1985 amended by sch. 28 part 2 para. 14 Civil Partnership Act 2004

  • [3]

    s.14(2) Family Law (Scotland) Act 1985 amended by sch. 28 part 2 para. 21 Civil Partnership Act 2004

  • [4]

    s.9 Family Law (Scotland) Act 1985 amended by sch. 28 part 2 para. 15 Civil Partnership Act 2004