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PE1973: End the use of Sheriffs Discretion when ruling on civil cases and provide clear legal guidance on division of assets

Petition Summary

Calling on the Scottish Parliament to urge the Scottish Government to review the Family Law (Scotland) Act 2006 and provide greater clarity on the division of assets in cases of cohabitating couples who are separating by:

  • Removing the use of Sheriffs Discretion rulings in civil cases;
  • Providing clear legal guidance to the Law Society of Scotland on the division of assets for cohabitating couples;
  • Allowing appeals to be heard where it is determined that a Sheriff has the rule of law wrong but have used their discretion to prevent an appeal, at no cost to the appellant; and
  • Publishing information on what resources have been allocated to provide clear legal guidance.

Petitioner: Sandy Izatt

Status: Under consideration

Date published: 22 September 2022

Click here for the full petition