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Incidental Orders under the Family Law (Scotland) Act 1985
Incidental Orders are additional legal orders a court can make before, during, or after a divorce or the dissolution of a civil partnership to help resolve practical, financial, or property issues between separating couples. When Can an Incidental Order Be Made? Types of Incidental Orders There are a wide range of incidental orders the court…
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Orders for Periodical Allowance – Explained
Periodical allowances are regular payments (often monthly) made by one party to another following a divorce or dissolution of a civil partnership. Section 13 of the Family Law (Scotland) Act 1985 sets out when and how the court can make these orders. When Can a Periodical Allowance Be Ordered? A Scottish court can make a…
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Sheriff Court Jurisdiction in Scottish Family Law
The Sheriff Court in Scotland has legal authority over a wide range of family law cases, including: Divorce & Separation The Sheriff Court can handle a divorce or judicial separation case only if specific jurisdiction rules are met. Jurisdiction Conditions The court has jurisdiction if: Ancillary Orders If the Sheriff Court has divorce jurisdiction, it…
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Capital Sum payments / Pensions & Divorce
When a couple divorces or a civil partnership ends in Scotland, the court can order one partner to pay a capital sum to the other. Section 12A of the Family Law (Scotland) Act 1985 explains how that payment can come from pension lump sums — either during life or after death. This section helps ensure…
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A summary of Section 11 of the Family Law (Scotland) Act 1985
Factors the Court Considers in Divorce Financial Settlements When a couple separates or divorces in Scotland, the court doesn’t just divide property — it also looks at the wider financial circumstances.Section 11 of the Family Law (Scotland) Act 1985 sets out exactly what the court must consider when applying the principles from Section 9 (like…
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Understanding Matrimonial Property in Scotland
This is covered in Section 10 – Family Law (Scotland) Act 1985. When a marriage or civil partnership ends in Scotland, the law sets out how the couple’s assets should be fairly divided. Section 10 of the Family Law (Scotland) Act 1985 explains how matrimonial (or partnership) property is valued and shared. What Is “Fair”…
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Orders for Financial Provision During Divorce or Civil Partnership Dissolution
XK Family Law Solicitors Aberdeen – Experts in Divorce and Financial Settlements in Scotland. When a marriage or civil partnership ends, the courts can make financial orders to help divide money, property, and pensions fairly. These Orders are known as financial provision Orders. What Can the Court Order? When a divorce or civil partnership dissolution…
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Scottish Sheriff Court Divorce & Separation: When Can You Apply?
At XK Family Law Solicitors Aberdeen, we understand how confusing divorce jurisdiction can be. Here’s a simple breakdown of when you can bring a divorce or separation case to your local sheriff court in Scotland. When Can the Sheriff Court Handle a Divorce or Separation? You can raise a divorce or separation action in the…
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How to Show That you are Domiciled in Scotland
Domicile is a legal concept used to determine a person’s permanent home for legal purposes, including matters like divorce, child custody, and inheritance. In Scotland, proving someone is domiciled here can be important for establishing: What Is Domicile? Domicile means a person’s true and permanent home, even if they live elsewhere temporarily. You can only…
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Agreements on Aliment in Scotland – Your Rights Explained
XK Family Law Solicitors Aberdeen – Trusted Advice on Financial Support After Separation. Aliment is the legal term for financial support in Scotland a person may owe to another (such as between spouses, civil partners or children). Sometimes, people agree privately on payments. But what happens if things change? Here’s what the law says about…
