Section 23 of the Family Law (Scotland) Act 1985 explains how people can raise court actions for aliment (financial support) when the amounts involved are relatively small. It makes these claims easier and cheaper to pursue in the sheriff court through a simplified procedure known as a summary cause.

What is Aliment?

• Aliment means the legal obligation to provide financial support to certain family members.
• In Scotland, this can include:
  • Support for a child under 18
  • Support for a spouse, civil partner, or former partner

When Can Aliment Be Claimed as a “Small Amount”?

Under Section 23, an action for aliment can be brought as a summary cause (a simplified legal process) if the claim is:

• Up to £35 per week for a child under 18
• Up to £70 per week in any other case (e.g., for a spouse or ex-spouse)

This makes it quicker and less expensive than ordinary court actions.

Importantly, normal limits on sheriff court jurisdiction or on the length of decrees (judgments) do not apply here.

Which Sheriff Court Can Hear the Case?

A person (the pursuer) can raise the claim in the sheriff court as long as:

1. The pursuer lives within the sheriff’s area (sheriffdom), and
2. The action could otherwise have been raised in another sheriff court under section 6 of the Family Law (Scotland) Act 1985 (jurisdiction rules).

This flexibility makes it easier for families to raise aliment claims locally.

Can the Limits Be Changed?

Yes. The law recognises that costs of living may rise.

• The Lord Advocate has the power to increase or vary the £35 and £70 weekly limits.
• Any change is made through a statutory instrument (a legal order), which can later be annulled (cancelled) by either House of Parliament.

Why Does This Matter?

• Families can access affordable justice when seeking small amounts of financial support.
• The process avoids unnecessary complexity and expense.
• It ensures children and dependants can still receive essential financial help even if the sums involved are modest.

Key Takeaways

• Section 23 allows small aliment claims to be raised as a summary cause in the sheriff court.
• Limits: £35/week for children and £70/week for others.
• Pursuer must live in the sheriff’s area, but jurisdiction rules are flexible.
• The Lord Advocate can update the monetary limits over time.
• This helps make the law accessible, efficient, and fair for Scottish families.

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