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
Citizen Participation and Public Petitions Committee Consideration
SPICe Briefing (133.9KB, pdf) (134KB, pdf) posted 30 September 2022
Committee Meetings
21 December 2022: The Committee agreed to write to the Scottish Government, the Scottish Law Commission, the Law Society of Scotland, and the Family Law Association.
Official Report of Meeting 22 December 2022
6 September 2023: The Committee agreed to write to the Scottish Government.
Official Report of Meeting 06 September 2023
Written Submissions
PE1973/A: Minister for Community Safety submission of 6 October 2022 (150.1KB, pdf) (150KB, pdf) posted 10 October 2022
PE1973/B: Petitioner submission of 10 October 2022 (44.8KB, pdf) (45KB, pdf) posted 28 October 2022
PE1973/C: Scottish Law Commission submission of 18 January 2023 (105.6KB, pdf) (106KB, pdf) posted 23 January 2023
PE1973/D: Minister for Community Safety submission of 3 February 2023 (118KB, pdf) (100KB, pdf) (100KB, pdf) posted 31 August 2023
PE1973/E: Law Society of Scotland submission of 29 July 2023 (163KB, pdf) (163KB, pdf) posted 24 August 2023
PE1973/F: Minister for Victims and Community Safety submission of 3 October 2023 (64KB, pdf)
PE1973/G: Petitioner submission of 24 October 2023 (53KB, pdf) (53KB, pdf) posted 30 October 2023