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Family Law (Scotland) Act 1985

1985 c. 37 · Enacted 16 July 1985 · Extends to United Kingdom

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An Act to make fresh provision in the law of Scotland regarding aliment; regarding financial and other consequences of decrees of divorce and of declarator of nullity of marriage; regarding property rights and legal capacity of married persons; and for connected purposes.

[16th July 1985]

I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Commencement

I1

Act not in force at Royal Assent see s. 29(2), Act wholly in force 30.11.1988.

Contents

  1. Aliment
  2. 1Obligation of aliment.
  3. 2Actions for aliment.
  4. 3Powers of court in action for aliment.
  5. 4Amount of aliment.
  6. 5Variation or recall of decree of aliment.
  7. 6Interim aliment.
  8. 7Agreements on aliment.
  9. Financial provision on divorce, etc.
  10. 8Orders for financial provision.
  11. 8APension sharing orders: apportionment of charges.
  12. 8BPension compensation sharing orders: apportionment of charges
  13. 9Principles to be applied.
  14. 10Sharing of value of matrimonial property.
  15. 11Factors to be taken into account.
  16. 12Orders for payment of capital sum or transfer of property.
  17. 12AOrders for payment of capital sum: pensions lump sums.
  18. 12BOrder for payment of capital sum: pension compensation
  19. 13Orders for periodical allowance.
  20. 14Incidental orders.
  21. 15Rights of third parties.
  22. 16Agreements on financial provision.
  23. 17Financial provision on declarator of nullity of marriage.
  24. Supplemental
  25. 18Orders relating to avoidance transactions.
  26. 19Inhibition and arrestment. Repealed
  27. 20Provision of details of resources.
  28. 21Award of aliment or custody where divorce or separation refused.
  29. 22Expenses of action.
  30. 23Actions for aliment of small amounts.
  31. Matrimonial property, etc.
  32. 24Marriage not to affect property rights or legal capacity.
  33. 25Presumption of equal shares in household goods.
  34. 26Presumption of equal shares in money and property derived from housekeeping allowance.
  35. General
  36. 27Interpretation.
  37. 28Amendments, repeals and savings.
  38. 29Citation, commencement and extent.
  39. Schedule 1: Minor and Consequential Amendments
  40. The Sheriff Courts (Scotland) Act 1907 (c. 51)
  41. 1Paragraph 1
  42. The Guardianship of Infants Act 1925 (c. 45)
  43. 2Paragraph 2
  44. The Maintenance Orders Act 1950 (c. 37)
  45. 3Paragraph 3
  46. The Succession (Scotland) Act 1964 (c. 41)
  47. 4Paragraph 4
  48. The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
  49. 5Paragraph 5
  50. The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
  51. 6Paragraph 6
  52. 7Paragraph 7
  53. The Matrimonial Proceedings (Polygamous Marriages) Act 1972 (c. 38)
  54. 8Paragraph 8
  55. The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
  56. 9Paragraph 9
  57. The Land Registration (Scotland) Act 1979 (c. 33)
  58. 10Paragraph 10
  59. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
  60. 11Paragraph 11
  61. The Matrimonial and Family Proceedings Act 1984 (c. 42)
  62. 12Paragraph 12
  63. 13Paragraph 13
  64. Schedule 2Repeals