Divorce (Scotland) Act 1964
| Jurisdiction | UK Non-devolved |
| Citation | 1964 c. 91 |
| Year | 1964 |
Divorce (Scotland) Act 1964
1964 CHAPTER 91
An Act to amend the law of Scotland relating to divorce and to other consistorial causes; to facilitate reconciliation in such causes; to confer new powers on the courts to award interim aliment; and for purposes connected with the matters aforesaid.
[31st July 1964]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Presumption as to condonation rebuttable.
1. Any presumption of condonation which arises from the continuance or resumption of marital intercourse may be rebutted on the part of a husband, as well as on the part of a wife.
2 Temporary cohabitation with a view to reconciliation not condonation.
(1) In an action of divorce or of separation on the grounds of adultery or of cruelty, the adultery or cruelty shall not be held to have been condoned by reason only of a continuation or a resumption of co-habitation between the parties for any one period not exceeding three months, or of anything done during such co-habitation, if it is proved that co-habitation was continued or resumed, as the case may be, with a view to effecting a reconciliation.
(2) In calculating for the purposes of section 1(1)(a ) of the Divorce (Scotland) Act 1938 the period for which the defender has persisted in desertion of the pursuer, no account shall be taken of any one period not exceeding three months during which the parties resumed co-habitation with a view to a reconciliation.
3 Willingness of deserted spouse to adhere.
3.—Any rule of law which requires that the pursuer in an action of divorce on the ground of desertion shall satisfy the court of his willingness to adhere to the defender throughout the period specified in section 1(1)(a ) of the said Act of 1938 shall cease to have effect; but it shall be a defence in any such action that during that period the pursuer has refused a genuine and reasonable offer by the defender to adhere.
4 No requirement of protection in divorce for cruelty.
4. In an action of divorce for cruelty under section 1 of the Divorce (Scotland) Act 1938 the court shall not be required to have regard...
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