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Gabh pàirt

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: Closed

Date published: 22 September 2022

Click here for the full petition


Citizen Participation and Public Petitions Committee Consideration


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

01 May 2024: The Committee agreed to close the petition under Rule 15.7 of Standing Orders. In closing the petition, the Committee agreed to write to the Scottish Government.  

Official Report of Meeting 01 May 2024


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