Financial provision for spouses and civil partners in Scotland
Produced in partnership with Karen Gibbons of Harper Macleod LLP
Financial provision for spouses and civil partners in Scotland

The following Family guidance note Produced in partnership with Karen Gibbons of Harper Macleod LLP provides comprehensive and up to date legal information covering:

  • Financial provision for spouses and civil partners in Scotland
  • Orders which can be sought
  • Principles to be applied
  • Conduct of the parties
  • Interim aliment
  • Periodical allowance
  • Jurisdiction
  • Differences between Scotland and England and Wales
  • Pending reform and consultations

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 which can be sought

Orders that can be made by the court on divorce or dissolution (known as orders for financial provision) are:

  1. an order for the payment of a capital sum

  2. an order for the transfer of property

  3. an order for periodical allowance (the equivalent to periodical payments or maintenance in England and Wales)

  4. a pension sharing order

  5. a pension lump sum order (also known as an earmarking order)

  6. a pension compensation order, and

  7. 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