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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…
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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”…
