SCOTLAND Law and Practice Contributed by: Ciara Wilson, Gillian Crandles and Lauren McDonach, Turcan Connell
separation. Compensatory payments can be sought from a former partner for contributions made during the relationship, whether financial or otherwise. The applicant must show that they have suffered economic disadvantage in the interests of the other party or of a child of the relationship, or that the other party has derived economic advantage from contributions made by the applicant. The court may award a capital sum, which may be payable in instalments, or such interim order as it sees fit. Many orders available on divorce are not available to former cohabitants – for example, property transfer orders or pension shares. Acquisition of Rights Cohabitants do not per se acquire any rights by virtue of length of cohabitation, children, etc, but these would be factors relevant to decision. 2.7 Enforcement Enforcement of Compliance A registered minute of agreement between the parties is directly enforceable and has the same status as a court order. All means of diligence are available – for example, arrestment and inhibi - tion, and ultimately sequestration (bankruptcy). International Enforcement International enforcement of a financial order is permitted in Scotland. 2.8 Media Access and Transparency Media and Press Reporting Scottish courts have a long tradition of open jus - tice and, other than in specific and limited cir - cumstances, the media will be allowed to attend and report on court proceedings.
In general terms, where legal proceedings in Scotland are heard in public, they are capable of being reported, provided such publication is contemporaneous and in good faith, failing which they are liable to be treated as being in contempt of court (Contempt of Court Act 1981). The court may, however, determine that it would be appropriate to postpone or restrict such pub - lication, and there are specific statutory exclu - sions relating to family law and child cases. Undefended and simplified divorce actions do not call in open court. The consequence is that such cases cannot be reported until decree of divorce has been granted, at which time the media would have access to the names of the parties and the date on which they were divorced. The Judicial Proceedings (Regulation of Reports) Act 1926 provides that, in the case of actions of divorce or dissolution, the media may only publish: • the names, addresses and occupations of the parties and witnesses; • a concise statement of the orders sought and the defences; • details of any legal issues arising and the view taken by the court; and • the final judgment and any observations made by the judge. Where proceedings involve a child aged 16 or under, the court may, in terms of Section 46 of the Children and Young Persons (Scotland) Act 1937, make an order that the child or chil - dren must not be capable of being identified by any newspaper report. This would normally mean that any subsequent judgment will be anonymised.
257 CHAMBERS.COM
Powered by FlippingBook