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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 ...
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.
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]
Once there is a divorce or dissolution the couple no longer are obliged to provide aliment to each other. The court, however, can make an order for a periodical allowance in certain circumstances, but such orders are more difficult to obtain as they go against the Family Law (Scotland) Act 1985's principle of a "clean break".
The court deals with both criminal and civil cases. There are currently two sheriffs in post at Falkirk Sheriff Court. [10] They sit alone in civil cases and are assisted by a jury of fifteen members selected from the electoral roll in some criminal cases (cases involving solemn proceedings only). The Sheriff Principal is Gillian Wade. [11]
The Sheriff Appeal Court (Scottish Gaelic: Cùirt Ath-thagraidh an t-Siorraim) is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court.