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Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a ...
In the event of a decree of divorce or dissolution of a civil partnership being issued by a court, the court will also consider how the shared property and assets of the couple are to be divided. The Family Law (Scotland) Act 1985 sets out detailed provisions on what assets the court can deal with and what considerations are to be taken into ...
The courts of Scotland are part of the Scottish legal system. Each court has its own jurisdiction and in many cases, a right of appeal lies from one to another. Each court has its own jurisdiction and in many cases, a right of appeal lies from one to another.
In October 2011, the Scottish Government announced consultation on appointments to a new Scottish Civil Justice Council to draft rules of procedure for civil proceedings in the Court of Session and sheriff court. The establishment of the council was one of Lord Gill's 2009 recommendations. [7]
Plaque on the front of the building. Until the mid-19th century, court hearings were held in the old town house in Linlithgow. [2] After finding this arrangement unsatisfactory, court officials decided to commission a dedicated courthouse: the site they selected, on the south side of the High Street, had been occupied by Archbishop John Hamilton's house in the 16th century.
A sheriff court (Scottish Gaelic: Cùirt an t-Siorraim) is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary.
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The Commissary Court of Edinburgh was the principal court. This court had exclusive jurisdiction in marriage, divorce and bastardy, and a general jurisdiction in the same areas as the old courts. It also held local jurisdiction over the Lothians, Peebles and part of Stirlingshire. There was a limited right of appeal to the Court of Session.