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 practice 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
  • Fair sharing
  • Fair account of economic advantage or disadvantage
  • Economic burden of caring for children to be shared fairly
  • Adjustment to loss of support
  • Serious financial hardship
  • Conduct of the parties
  • Interim aliment
  • More...

Coronavirus (COVID-19): Guidance has been issued regarding all proceedings in Scotland during the coronavirus (COVID-19) pandemic and until further notice, which profoundly affects normal practice, including requirements for the majority of hearings to be dealt with remotely, see here. For further details about the changes to court processes and procedures during this time, see Practice Note: Coronavirus (COVID–19)—news and resources for family lawyers. In addition, the Coronavirus (COVID-19) toolkit provides easy access to news, practical guidance and Q&As from across a number of Practice Areas (subject to subscription). This Practice Note sets out the procedure prior to the pandemic and during this period of disruption to the justice system, practitioners should be aware that local practice may vary.

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 further practical guidance family law in Scotland, see Practice Notes: Scotland—divorce and civil partnership dissolution, Scotland—divorce and civil partnership dissolution—glossary, 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

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