The following Family guidance note Produced in partnership with Karen Gibbons of Harper Macleod LLP provides comprehensive and up to date legal information covering:
This Practice Note provides an introduction to financial provision claims that may be made by spouses and civil partners under Scottish law by virtue of the Family Law (Scotland) Act 1985 (FL(S)A 1985), and sets out the principles and factors to be considered by the court when making orders for financial provision on divorce or dissolution in Scotland.
For practical guidance on divorce and dissolution in Scotland, see Practice Notes: Scotland—divorce and civil partnership dissolution and Scotland—divorce and civil partnership dissolution—glossary.
See also Practice Notes: Cohabitant claims in Scotland and Private children proceedings in Scotland.
Orders that can be made by the court on divorce or dissolution (known as orders for financial provision) are:
an order for the payment of a capital sum
an order for the transfer of property
an order for periodical allowance (the equivalent to periodical payments or maintenance in England and Wales)
a pension sharing order
a pension lump sum order (also known as an earmarking order)
a pension compensation order, and
one or more incidental orders, ie facilitative orders, such as orders for sale of a property, the valuation of a property or the determining of a dispute relating to property rights or in respect of occupation of the matrimonial or family home
On an application for financial provision orders the test
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234