Matrimonial Interdict in Scotland
A matrimonial interdict is a type of court order designed to protect one spouse from abusive, threatening or harassing behaviour by the other. It can also be used after separation or divorce, especially when tensions run high. Pomphreys Solicitors in Wishaw provide fast, confidential advice to help you apply for legal protection when you need it most.
What Is a Matrimonial Interdict?
A matrimonial interdict is a civil court order available under Scots law that prohibits a spouse (or former spouse) from behaving in certain ways towards the other. It is most commonly used to:
- Prevent harassment, threats, or violence
- Stop someone from entering the family home
- Prohibit loitering near a home or workplace
- Prevent communication, contact, or intimidation
These interdicts can be applied for during a marriage or after separation or divorce, and they are granted under the Matrimonial Homes (Family Protection) (Scotland) Act 1981.
Although called “matrimonial” interdicts, similar protective orders are available to cohabitants and civil partners in appropriate circumstances.
When Might You Need One?
Situations where a matrimonial interdict may be appropriate include:
- A separation that has turned hostile or threatening
- A spouse repeatedly turning up at your home or work uninvited
- Threats of violence or psychological abuse
- Controlling behaviour, stalking or intimidation
- Refusal to leave the family home or attempts to re-enter it
If you’re in immediate danger, police assistance should be your first step. But for ongoing legal protection, an interdict is an important safeguard—particularly when combined with a power of arrest (see below).
How to Apply for a Matrimonial Interdict
Pomphreys Solicitors will guide you through every step of the process:
- Initial consultation – We listen sensitively and advise if an interdict is appropriate
- Application preparation – We prepare your court paperwork and gather supporting evidence
- Court hearing – We represent you in court or help apply on an emergency basis
- Order granted – The court issues an interdict tailored to your situation
- Power of arrest (optional) – In serious cases, we can apply to attach a power of arrest so police can act immediately if the order is breached
Orders can be granted on an urgent, ex parte basis—meaning the other party doesn’t need to be present at the first hearing—if you are at immediate risk.
How Long Does a Matrimonial Interdict Last?
An interdict can last indefinitely or for a specific period, depending on your needs and the court’s judgment. It may be varied or recalled later, but remains enforceable until the court decides otherwise.
Breaching an interdict is a serious offence, especially when a power of arrest is attached. Police can detain the person immediately, and further legal consequences may follow.
Why Choose Pomphreys Solicitors?
Pomphreys provides discreet, rapid support for individuals facing difficult and distressing family situations. Based in Wishaw, we help clients throughout Lanarkshire and Scotland get the protection they need without delay.
- ✅ Supportive, non-judgmental advice
- ✅ Skilled court representation
- ✅ Urgent applications and ex parte hearings available
- ✅ Advice tailored to your circumstances and safety needs
We’re here to help you regain control, feel safe, and protect your family.
– Get the Legal Protection You Need
If you’re worried about your safety or need protection from an ex-partner or spouse, don’t wait. Pomphreys Solicitors can help you apply for a matrimonial interdict and take steps to secure your home and wellbeing. Contact us today in complete confidence—we’ll act fast to support and protect you.
You may also be interested in:
- Financial Provision on Separation – to understand your rights around property and money
- Residence and Contact for Children – to arrange parenting time and care after separation
- Separation Agreements – to set out legal terms without going straight to court
❓ Common Questions About Mamtrimonial Interdicts
🚔 What is a power of arrest?
This is an additional order that allows the police to arrest the person named in the interdict if they breach its terms. It offers stronger and faster enforcement.
📆 How quickly can an interdict be granted?
In urgent cases, it may be possible to obtain a temporary interdict the same day. A full hearing will usually follow soon after.
👩⚖️ Is it only for married couples?
No. Similar orders can be granted for civil partners, cohabitants, and ex-partners where necessary. We’ll advise you on the most suitable legal option.
💼 Do I need to go to court?
We’ll represent you in court and handle all paperwork. In many cases, especially where urgency is involved, you may not need to appear personally.
