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 is taking place, either person can ask the court for any of the following:
1. Capital Sum
A one-off lump sum of money from the other party.
2. Property Transfer
The transfer of property or assets, such as the family home.
3. Regular Payments (Periodical Allowance)
Ongoing payments to support one party financially after separation.
4. Pension Sharing Order
Splitting pension savings fairly between both people.
5. Pension Compensation Sharing
Sharing any compensation from the Pension Protection Fund (PPF).
6. Incidental Orders
Extra orders, such as for selling property or regulating who pays the bills short-term.
What Does the Court Consider?
The court must follow these two key principles:
- The order must be justified by the fairness rules set out in Section 9 of the Act.
- It must be reasonable, taking into account each person’s financial resources.
The aim is to achieve fairness, not to punish either person.
Important Restrictions on Pension Orders
The law prevents double claims on the same pension. This means:
- The court can’t make both a pension sharing order and a pension compensation order for the same pot.
- If a pension agreement already exists between the couple, the court must set it aside before making a new order.
- If a pension or PPF compensation has already been divided in a previous case between the same two people, it can’t be split again.
What Is a “Qualifying Agreement”?
If you and your ex have made a legal agreement (for example, through a separation agreement) that covers how pensions or compensation will be divided, the court may be restricted unless it finds the agreement unfair or chooses to override it.
How We Can Help?
If you’re going through a divorce or civil partnership breakdown and need guidance on:
- Applying for a financial order.
- Understanding your rights around property or pensions.
- Negotiating a fair settlement.
Our expert family law team at XK Family Law Solicitors Aberdeen is here to help.
Ready to discuss your case?
Email XK Family Law Solicitors in Aberdeen at:
info@xksolicitors.co.uk
Our website articles are not legal advice. We accept no responsibility for use of this information.
For advice on your specific circumstances, contact XK Family Law Solicitors Aberdeen directly.