GLOSSARY

Periodical allowance definition

What does Periodical allowance mean?

Financial support for a spouse or civil partner or to cover the economic burden of childcare that can be enforced by law after divorce or dissolution.

Family Law (Scotland) Act 1985, s 8(1) sets out the types of application for financial provision that can be made in an action for divorce or dissolution of a civil partnership. It includes an application for periodical allowance. Any court order has to be justified by the principles in s 9, which aim to achieve a fair division of matrimonial property. Periodical allowance may be ordered in terms of s 9(1)(c), (d) or (e) if a capital sum or property transfer does not meet the principle of fair division. Financial support in relation to childcare under s 9(1)(c) has been affected by the Child Support Act 1991, an Act that provides for periodical maintenance by parents for children not in their care.


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