Marriage may be dissolved either by the death of either of the parties, or by divorce. Divorce is a judicial dissolution of the conjugal society, while both the parties are alive, the effect of which is, to leave them at liberty to intermarry with others. By the law of Scotland a divorce may be obtained on the ground either of adultery or of wilful desertion; but neither of these grounds dissolves the marriage ipso jure; and if neither party institutes a process of divorce, the marriage subsists, notwithstanding the adultery or desertion. In the case of adultery, if the injured party continue the matrimonial connexion, after knowledge of the adultery, that is held to be an irrevocable forgiveness of the offence; and an act of adultery so overlooked, cannot afterwards be the foundation of a process for divorce.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Divorce.” Public domain.
Legal Subject: Divorce |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Bell v. King | 1794 | Witness, Aliment, Adultery, Divorce, Mala Fides, Defamation | James Bell, Sheriff-Clerk of Berwickshire, pursued an action of divorce against his spouse Isobel King, alleging she had committed adultery with their lodger Thomas Purves. King denied the charge and sought to lead evidence from Purves himself and from her own mother and siblings, while Bell objected that Scots law rendered both the alleged adulterer and near relations incompetent witnesses for the defender. The litigation involved petitions to alter interlocutors, competing memorials on witness competency, and Bell’s answers to King’s bill of advocation regarding the separation and adultery allegations. |
| Donaldson v. Taylor | 1764 | Divorce, Debt, Aliment, Succession, Marriage, Adultery | Poor May Donaldson submitted a memorial against Taylor arguing that her mother Jean Lindsay was lawfully married to William Donaldson and that she was entitled to succession as a legitimate heir. Based on the single document cataloged for this case. |
| George Taylor v. Mrs. Taylor, or Binnie | 1831 | Aliment, Divorce, Adultery, Libel, Proof, Agent | George Taylor, as pursuer in a divorce action against Mrs. Taylor, or Binnie, reclaimed against Lord Newton's interlocutors and requested that the Court recall them. The Court resolved to obtain the opinions of the judges on whether proof of remissio was prejudicial and should precede proof of the adultery. The consulted judges returned answers to the questions posed by the Lords of the First Division regarding the plea of remissio in the divorce action. |
| Gibsone v. Somerville | 1802 | Contract of separation, Divorce, Debtors | Mrs. Gibson (pursuer) was married to Dewar Masterson, and while they were together, due to Mr. Masterton's dissipation and extravagance, they assumed several debts. After three years of marriage, Mrs. Gibson brought an action of divorce against her husband. As a result, there was a contract of separation, which needed the consent of all Mr. Masterton's creditors. When Mr. Masterton died, Mrs. Gibson challenged the contract of separation because the terms on which the agreement was conceded were not only highly prejudiced against her interest, but also fraudulent, on the grounds that the deceased Mr. Masterton has been released from paying his creditors, but she has left without income. John Somerville and Samuel Macknight submitted answers to Gibson’s arguments, for themselves as creditors and for the other creditors of the deceased. |
| Hay Marshall v. Anderson | 1797 | Divorce, Witness, Interlocutor | Thomas Hay Marshall (pursuer) brought an action of divorce against Rose Anderson (defender), his Wife. for adultery. |
| Houston Stewart Nicolson, Esq v. Mrs Stewart Nicolson | 1770 | Adultery, Divorce, Aliment, Succession, Evidence, Witness | Houston Sterwart-Nicolson was married to Mrs. Sterwart-Nicolson in 1764. Mr Nicolson having brought an action of divorce against his wife for adultery, supposedly with William Grahame a employee and servant of Sir William Maxwell of Springkell, brother-in-law of the pusuer. Mrs Nicolson made a declaration of her innocence, and she insisted that the pursuer misled the situation and created artful stories about his adultery. She, as the defender, objected to the charges and questioned the competence of the witness that her husband, Mr. Nicolson, presented because all of them were servants of Sir William Maxwell, pursuer's brother-in-law. |
| Jardine v. De La Motte | 1786 | Aliment, Divorce, Debt, Adultery, Defamation, Perjury | Captain William Jardine of Applegirth pursued divorce from Barbarie de la Motte in 1786, with both parties adducing proof. Mrs. De La Motte subsequently sued Sir William Jardine, by then a baronet, for suborning witnesses to fabricate evidence of adultery in the earlier divorce proceedings. Sir William Jardine defended by arguing that the indictment was invalid, contending that the witnesses had not been improperly influenced and that the evidence against him was merely circumstantial. |
| Lockhart v. Henderson | 1799 | Divorce, Infidelity, Adultery, Aliment, Interlocutor, Libel | Jean Lockhart sought a divorce from James Henderson on grounds of adultery. Henderson counterclaimed that Lockhart had committed adultery. In 1793, the couple reconciled from a previous split over accusations of infidelity. In the new case, Henderson allegedly resumed his adultery, whereas Lockhart denied any extramarital affairs. Lockhart accused Henderson of marrying for her money. The legal proceedings hinged on whether Henderson's claim that Lockhart continued her adulterous activity barred her divorce proceedings. |
| Michie v. Martin | 1768 | Divorce, Aliment, Adultery, Interlocutor, Oath, Process | Margaret Michie, spouse to George Martin, petitioned the Court of Session to alter its recent interlocutor. Based on the single document cataloged for this case. |
| Ralston v. Inner-House Interlocutor | 1797 | Divorce, Terce, Aliment, Marriage, Debt, Arrestment | William Henry Ralston petitioned the Court of Session to alter an interlocutor pronounced by Lord Swinton. Mrs Ann Leitch, formerly Ralston's spouse and now wife of Robert Barclay, answered the petition. Ralston subsequently presented a further petition asking the Court to alter its own recent interlocutor in the cause. |
| Robertson v. Inner-House Interlocutor | 1797 | Aliment, Divorce, Terce, Marriage, Infeftment, Inhibition | William Henry Ralston, defender in the action brought by Robertson, petitioned the Court to alter an interlocutor issued by Lord Swinton. Based on the single document cataloged for this case. |
Documents discussing this subject (71)
- Alexander Brymner v. Robert Crawford Riddell and John Reginald Riddell — Memorial, 14 Feb 1810
- Alexander Wood v. Janet Hunter — Memorial, 6 Feb 1778
- Ann Leitch v. William Henry Ralston — Answers, 6 Dec 1797
- APPENDIX. BILL of ADVOCATION for CHARLES GREENHILL, Esq.
- APPENDIX. CORRESPONDENCE between Mr E. A. Cameron, Mr James Chrystal, &c., and Mr Walter Horsburgh. 1. Mr Cameron to Mr Horsburgh.
- Charles Greenhill v. Catherine Aitkin — Answers, 20 Jun 1821
- Charles Ladd Christian v. Laura Mary Ladd or Christian — Note
- Charles Pybus Ladd Christian v. Laura Mary Ladd or Christian — Answers, 28 Feb 1851
- Dame Elizabeth Ramsay v. James Nairne — Depositions, 10 Aug 1833
- Dame Elizabeth Ramsay v. James Nairne — Depositions, 10 Aug 1833 [2]
- Dame Isobella Bronsdon v. Sir Thomas Wallace Dunlop — Answers, 28 Jan 1789
- Dame Mariane Campbell or Cuninghame Fairlie v. Sir William Cuninghame Fairlie — Memorial, 19 Jan 1815
- Dame Mariane Campbell v. Sir William Cuningham Fairlie — Bill of Advocation, 10 Jan 1815
- David Syme v. Grizel Macinroy — Answers, 11 Jun 1763
- Eleonora Webster or M'Intyre v. Duncan M'Intyre — Answers, 3 Dec 1821
- EUL0014 unsorted seg064
- George Munro and Charles Munro v. Mrs Mary Seymour Law or Munro — Respondents' Case, 21 Jun 1836
- George Taylor v. Janet Binnie or Taylor — Additional, 16 Nov 1831
- George Taylor v. Janet Binnie — Revised, 15 Feb 1832
- Houston Stewart-Nicolson v. Margaret Porterfield — Memorial, 18 Jun 1771
- Houston Stewart-Nicolson v. Mrs Nicolson — Answers, 21 Nov 1770 [2]
- Houston Stewart-Nicolson v. Mrs Stewart-Nicolson — Answers, 2 May 1770
- Isabella Buchanan or Downie v. John Downie — Summons, 22 Feb 1837
- Isobel Buchanan or Downie v. John Downie — Minute, 22 Feb 1837 [2]
- James Bell v. Isobel King — Answers
- James Bell v. Isobel King — Memorial, 15 Dec 1796
- James Bell v. Isobel King — Memorial, 28 Feb 1795
- James Henderson v. Jean Lockhart — memorial, 16 Nov 1799
- James Malcolm v. Alexander Cunnynghame — Answers, 8 Mar 1763 [2]
- Jane Arundell St Aubyn v. Captain Charles O'Bryen — Appendix, 22 May 1813
- Janet Binnie or Taylor v. George Taylor — Revised, 15 Feb 1832
- Janet Stedman v. James Stedman — Respondents' Case, 6 May 1742
- Janet Steedman v. James Steedman — Complainers' Case, 5 May 1742
- Jean Fleming v. Helen Wilson — Answers, 14 Jun 1810
- Jean Fleming v. Helen Wilson — Answers, 14 Jun 1810 [2]
- Jean Hutchison v. Mathew Hutchison — Memorial, 3 Mar 1808 [2]
- Jean Hutchison v. Mathew Hutchison — Memorial, 3 Mar 1808 [3]
- John Campbell and Others v. Mrs Eliza Allen or Macalister — Answers, 3 Jul 1822
- Lockhart v. Henderson — petition, 21 Jun 1799
- Margaret Michie v. George Martin — Answers, 22 Jul 1767
- Marianne Homfray v. Thomas Newte — Memorial, 10 Mar 1813
- Matthew Hutchison v. Jean Hutchison — Memorial, 4 Mar 1808 [2]
- May Donaldson v. Cecilia Taylor, Mary Taylor, John Wiggam, Simon Bennet and John Flockhart — Memorial, 6 Jan 1764
- Memorial — Jane Arundell St Aubyn, Spouse of Charles O'Bryen, formerly of the Plymouth Division of Marines, and now of the 1st Regiment of Devonshire Militia; and Donald Maclean, Writer to the Signet, her At
- Michie v. Martin — Petition, 7 Mar 1768
- Mrs Cuninghame v. Alexander Cuninghame — Bill of Advocation, 8 Mar 1763
- Mrs Isobel King v. Mr James Bell — Memorial, 13 Oct 1796
- Mrs Magdalene Barberie De La Motte v. Sir William Jardine — Information
- Mrs. Marianne Homfray v. Patrick Wishart — Memorial, 17 Dec 1813 [2]
- Peter Lang v. Ann Macartney Hill or Lang — Minute, 24 Jan 1848
- Peter Lang v. Ann Macartney Hill, or Lang — Answers
- Petition — Alexander Cuningham, one of the Clerks to the Signet
- Petition — Cha. Greenhill, Esq. against Lord Meadowbank's Interlocutor
- Petition — Cha. Maxwell-Campbell, Esq [2]
- Petition — Charles Greenhill, Esq
- Petition — D. M'INTYRE, Esquire against Lord Meadowbank's Interlocutor
- Petition — David Syme late Merchant in Perth
- Petition — Isobel King against Lord Henderland's Interlocutor [2]
- Petition — Petition, Mrs. Mary Hamilton Nisbet Ferguson for Authority to charge part of the Entailed Estate of Dirleton with Debt
- Ralston v. Inner-House Interlocutor — Petition, 15 May 1798
- Ralston v. Inner-House Interlocutor — Petition, 16 Nov 1797
- Ralston v. Inner-House Interlocutor — Petition, 16 Nov 1797 [2]
- Reclaiming Petition — Margaret Mark against an Interlocutor of Lord Stonefield
- REPLIES FOR Mrs STEWART-NICOLSON, TO The ANSWERS of Mr Stewart-Nicolson.
- Sir William Cuningham Fairlie v. Dame Marianne Campbell — Memorial, 26 Jan 1815
- Sir William Jardine v. Mrs Magdalene Barberie De la Motte — Information, 19 Jun 1797
- STATEMENT of FACTS for the Defender and ANSWERS thereto for Pursuer.
- Taylor v. Binnie — Answers
- William Allan v. Michael M'Culloch — Answers, 10 Oct 1793
- William Allan v. Michael M'Culloch — Memorial, 1 Dec 1792
- William Bennie v. Ann Christie or Bennie — Answers
