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When Are Couples Deemed Separated in Scotland?
At XK Solicitors, we are often asked: “When does separation legally begin?” The answer matters because the relevant date (the date of separation) fixes when matrimonial property is valued and when the clock starts ticking for divorce. The Legal Definition of Separation Under section 10(3) of the Family Law (Scotland) Act 1985, the “relevant date”…
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How Is Child Maintenance Calculated in Scotland?
In Scotland, most child maintenance is arranged through the Child Maintenance Service (CMS). At XK Solicitors, we regularly advise parents on how this works in practice. The CMS Formula CMS uses a set formula to calculate maintenance. It is based almost entirely on the gross weekly income of the paying parent (before tax, but after…
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Can Child Maintenance or Aliment Be Backdated in Scotland?
When parents separate, one of the first concerns is how children will be financially supported. At XK Solicitors we are often asked is can Child Maintenance Services (“CMS”) backdate CMS payments to the date of separation, in Scotland? The short answer is no – but there are important details you should understand. Child Maintenance through…
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Key Sections of the Family Law (Scotland) Act 1985 – Explained
Introduction:The Family Law (Scotland) Act 1985 is the cornerstone of Scottish divorce law, especially when it comes to financial matters. As family law solicitors, we often guide clients through this Act’s key provisions. Essentially, the 1985 Act lays out how spouses should support each other and how assets and money are divided fairly if they…
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Presumption of Equal Shares in Household Goods (Scotland)
Section 25 of the Family Law (Scotland) Act 1985 sets out the rules about who owns household goods when questions of ownership arise during or after a marriage or civil partnership. The law creates a presumption of equal ownership unless there is clear proof to the contrary. The General Rule – Equal Shares If there…
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Aliment of Small Amounts
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? When Can Aliment…
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Is Income Matrimonial Property in Scotland?
When couples separate or divorce in Scotland, one of the most important questions is: what counts as matrimonial property? At XK Family Law Solicitors, we are often asked whether income earned by either spouse during the marriage is automatically included. The answer is not exactly. Let’s take a look. What the Law Says The definition…
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Orders Relating to Avoidance Transactions in Scotland
When couples separate or divorce in Scotland, the court has powers to ensure that neither party unfairly reduces their assets to avoid paying aliment (financial support) or to avoid financially providing for their ex. Section 18 of the Family Law (Scotland) Act 1985 deals with this, and it gives important protection to both spouses and…
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Agreements on Financial Provision in Divorce or Civil Partnership Dissolution
Section 16 of the Family Law (Scotland) Act 1985 explains how the Scottish courts can set aside or vary agreements between separating couples about financial matters – even after divorce or dissolution of a civil partnership – in certain circumstances. This law exists to protect fairness and prevent unjust agreements from locking people into unreasonable…
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Understanding how Sections 9 & 11 of the Family Law (Scotland) Act 1985 work together in Divorce.
In Scotland, the financial settlement upon divorce or dissolution of a civil partnership is governed by the Family Law (Scotland) Act 1985. Sections 9 and 11 of this Act are key to understanding how assets are divided and what financial support may be provided when a marriage or civil partnership ends. These sections work together…
