Question reference: S6W-17053
- Asked by: Fiona Hyslop, MSP for Linlithgow, Scottish National Party
- Date lodged: 14 April 2023
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Current status: Answered by Siobhian Brown on 27 April 2023
Question
To ask the Scottish Government what protections are in place for anyone who has had unfounded allegations put against them during divorce proceedings, and who, as a result, must underatke costly legal proceedings.
Answer
The majority of divorce actions are undefended and therefore do not require the non-applicant party to incur the expenses involving in entering the proceedings.
Where a divorce action is defended, either party may be eligible for civil legal aid.
The courts may make orders on how legal expenses incurred in a case should be met. The Scottish Government’s understanding is that in doing so the court can take account of a party’s behaviour in making or defending their case.
If the member wishes to write to me with additional information, I may be able to offer further comment.