Skip to main content
Shelter Logo
Scotland

Married tenants and matrimonial interdicts

A matrimonial interdict can be used to restrain or prevent particular conduct. Either spouse can apply to the court for a matrimonial interdict.

This content applies to Scotland

Matrimonial interdict

This can be applied for either after one of them has moved out or while they are still living together. [1] A matrimonial interdict can be used to restrain the conduct of either spouse.

A matrimonial interdict can be used to restrain or prohibit particular conduct from one spouse to the other or any conduct towards any child of the family. [2] For instance, an interdict could prohibit violent behaviour or conduct that places the spouse and/or any child of the family in a state of fear and alarm.

If granted after 4 May 2006 matrimonial interdicts can also be used to prevent the non-applicant spouse from entering or remaining in: [3]

  • any residence, other than the matrimonial home, occupied by the applicant spouse

  • any place of work of the applicant spouse

  • any school attended by a child in the temporary or permanent care of the applicant spouse.

Interdicts can only be used to keep the non-applicant spouse out of the matrimonial home when they are granted ancillary to an exclusion order. [4] For more information, please see the page on exclusion orders.

The court must, on application, attach a power of arrest to matrimonial interdicts made ancillary to exclusion orders. [5] However, a power of arrest can only be attached if the non-applicant spouse has had the opportunity of being heard and/or represented before the court. [6]

Last updated: 6 August 2020

Footnotes

  • [1]

    s.14(1) Matrimonial Homes (Family Protection) (Scotland) Act 1981

  • [2]

    s.14(1)(a) Matrimonial Homes (Family Protection) (Scotland) Act 1981

  • [3]

    s.14(2)(b) Matrimonial Homes (Family Protection) (Scotland) Act 1981 as amended by s.10 Family Law (Scotland) Act 2006

  • [4]

    s.14(4) Matrimonial Homes (Family Protection) (Scotland) Act 1981 as amended by s 10(3) Family Law (Scotland) Act 2006

  • [5]

    s.1A Protection from Abuse (Scotland) Act 2001 as amended by s.32 Family Law (Scotland) Act 2006

  • [6]

    s.1 Protection from Abuse (Scotland) Act 2001