Search Legislation

Family Law (Scotland) Act 1985

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Family Law (Scotland) Act 1985. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Family Law (Scotland) Act 1985

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

SCHEDULES

Section 28(1).

SCHEDULE 1E+W+S+N.I. Minor and Consequential Amendments

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1Sch. 1: so much of s. 28 and Sch. 1 as affects the operation of 1950 c. 37 and 1972 c. 18 extends to England, Wales, Scotland and Northern Ireland, see s. 29(4)

The Sheriff Courts (Scotland) Act 1907 (c. 51)S

1In section 5 of the Sheriff Courts (Scotland) Act 1907 (jurisdiction), for subsection (2) there shall be substituted the following subsection—S

(2)Actions for aliment or separation (other than any action mentioned in subsection (2A) below) and actions for regulating the custody of children:.

The Guardianship of Infants Act 1925 (c. 45)S

2In section 3(3) of the Guardianship of Infants Act 1925 (orders for custody and access not enforceable while parents living together), for the words from the beginning to the word “accrue” there shall be substituted the words “No such order for custody or education shall be enforceable”.S

The Maintenance Orders Act 1950 (c. 37)E+W+S+N.I.

3In section 16(2)(b)(i) of the Maintenance Orders Act 1950 (enforcement of maintenance orders in other parts of the United Kingdom), at the end there shall be added the words “or an order for financial provision in the form of a monetary payment under section 8 of the Family Law (Scotland) Act 1985”.E+W+S+N.I.

The Succession (Scotland) Act 1964 (c. 41)S

4In section 33(2) of the Succession (Scotland) Act 1964 (construction of references to legal rights in marriage contracts), at the end there shall be added the words “or section 8 of the Family Law (Scotland) Act 1985”.S

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)S

5In section 8(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (variation and recall of certain orders regarding custody and maintenance), at the end of paragraph (c) there shall be added the words “or section 8 of the Family Law (Scotland) Act 1985”.S

The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)E+W+S+N.I.

6In section 31 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (application by person in convention country for recovery of maintenance in Scotland—E+W+S+N.I.

(a)for subsection (1A) there shall be substituted the following subsections—

(1A)Proceedings arising out of an application under subsection (1) above shall be treated as an action for aliment within the meaning of the Family Law (Scotland) Act 1985 and, subject to subsections (1B) to (1D) below, the provisions of that Act relating to aliment shall apply in relation to claims for maintenance in such proceedings and decrees therein.

(1B)Without prejudice to subsection (2) below, any proceedings mentioned in subsection (1A) above shall be brought in the sheriff court.

(1C)In its application to proceedings mentioned in subsection (1A) above, section 5 of the said Act of 1985 (power to vary or recall decree of aliment) shall be subject to section 34(1) of this Act.

(1D)Where an application under subsection (1) above is for the recovery of maintenance from a person who is a former spouse of the applicant—

(a)then, for the purposes of the said Act of 1985, there shall be assumed to be an obligation of aliment within the meaning of that Act owed by the former spouse to the applicant;

(b)section 2(7) and (8) of that Act shall not apply; and

(c)an order for payment of maintenance in proceedings arising out of the application—

(i)shall, if subsisting at the death of the party making the payment, continue to operate against that party’s estate, but without prejudice to the power of the court to vary or recall the order; and

(ii)shall cease to have effect on the re-marriage or death of the party receiving payment, except in relation to any arrears due under it;

(b)after subsection (4) there shall be inserted the following new subsection—

(4A)In subsection (4)(i) above the reference to the dissolution of a marriage by divorce shall be construed as including a reference to the annulment of a purported marriage and any reference to a marriage, a divorce, a divorced person, a former spouse or divorce proceedings shall be construed accordingly.; and

(c)subsection (5) shall cease to have effect.

7In section 39 of that Act, in the definition of “maintenance”, for the words “as a periodical allowance” there shall be substituted the words “by one former spouse for the support of the other”.E+W+S+N.I.

The Matrimonial Proceedings (Polygamous Marriages) Act 1972 (c. 38)S

8In section 2(2) of the Matrimonial Proceedings (Polygamous Marriages) Act 1972 (decrees in respect of polygamous marriages)—S

(a)for paragraphs (d) and (e) there shall be substituted the following paragraphs—

(d)a decree of separation;

(e)a decree of aliment;; and

(b)after the word “ancillary” there shall be inserted the words “or incidental”.

The Domicile and Matrimonial Proceedings Act 1973 (c. 45)S

9In Schedule 2 to the Domicile and Matrimonial Proceedings Act 1973 (ancillary and collateral orders)—S

(a)before paragraph 3, there shall be inserted the following paragraph—

2AAny enactment or rule of law empowering a court to make an order for payment of aliment (including interim aliment).; and

(b)after paragraph 12A, there shall be inserted the following paragraph—

12BSection 8 (orders for financial provision on divorce), section 17(1) (financial provision on declarator of nullity of marriage) and section 18 (orders relating to avoidance transactions) of the Family Law (Scotland) Act 1985.

The Land Registration (Scotland) Act 1979 (c. 33)S

10In section 12(3)(b) of the Land Registration (Scotland) Act 1979 (circumstances in which there is no entitlement to indemnity for loss), at the end there shall be added the words “or has been set aside or varied by an order under section 18(2) (orders relating to avoidance transactions) of the Family Law (Scotland) Act 1985”.S

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)S

11For section 13(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (transfer of tenancy) there shall be substituted the following subsection—S

(2)In an action—

(a)for divorce, the Court of Session or a sheriff;

(b)for nullity of marriage, the Court of Session,

may, on granting decree or within such period as the court may specify on granting decree, make an order granting an application under subsection (1) above.

The Matrimonial and Family Proceedings Act 1984 (c. 42)S

12After section 29 of the Matrimonial and Family Proceedings Act 1984 there shall be inserted the following new section—S

29A Application of Part IV to annulled marriages.

This Part of this Act shall apply to an annulment, of whatever nature, of a purported marriage, as it applies to a divorce, and references to marriage and divorce shall be construed accordingly..

13In section 30(1) of that Act (interpretation of Part IV), in the definition of “order for financial provision”, for the words from “paragraphs (a)” to “1976” there shall be substituted the words “section 8(1) of the Family Law (Scotland) Act 1985”.S

Section 28(2).

SCHEDULE 2S Repeals

ChapterShort titleExtent of repeal
24 & 25 Vict. c. 86.The Conjugal Rights (Scotland) Amendment Act 1861.In section 6, the words from “be held and considered” to “as if she were unmarried, and”; the words “the same shall”; and the words from “provided that if any such wife” to the end of the section.
In section 9, the word “maintenance”.
Sections 15 and 16.
44 & 45 Vict. c. 21.The Married Women’s Property (Scotland) Act 1881.Sections 1 to 5.
Section 8.
The Schedule.
10 & 11 Geo. 5. c. 54.The Married Women’s Property (Scotland) Act 1920.The whole Act.
15 & 16 Geo. 5. c. 45.The Guardianship of Infants Act 1925.Section 3(2).
In section 5(4), the words from “and may further order” to the end of the subsection.
Section 8.
20 & 21 Geo. 5. c. 33.The Illegitimate Children (Scotland) Act 1930.Section 1.
In section 2, in subsection (1), the words “or in any action for aliment for an illegitimate child”, and subsection (2).
Section 3.
Section 5.
22 & 23 Geo. 5. c. 47.The Children and Young Persons (Scotland) Act 1932.Section 73(1)(b) and (3).
2 & 3 Geo. 6. c. 4.The Custody of Children (Scotland) Act 1939.In section 1, in subsection (1) the word “maintenance” and subsection (2).
14 Geo. 6. c. 37.The Maintenance Orders Act 1950.Section 6(2).
In section 7, the words from “whether” to “maintenance of the pupil child”.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 41.The Affiliation Orders Act 1952.The whole Act.
6 & 7 Eliz. 2. c. 40.The Matrimonial Proceedings (Children) Act 1958.In section 7, in subsection (1), the word “maintenance”, and subsection (2).
In section 9(1), the word “maintenance”.
1964 c. 19.The Married Women’s Property Act 1964.The whole Act.
1972 c. 18.The Maintenance Orders (Reciprocal Enforcement) Act 1972.Section 31(5).
1973 c. 45.The Domicile and Matrimonial Proceedings Act 1973.In Schedule 2, paragraphs 1 and 2.
1976 c. 39.The Divorce (Scotland) Act 1976.Sections 5 to 8.
1978 c. 22.The Domestic Proceedings and Magistrates’ Courts Act 1978.Section 60(1)(a).
In Schedule 2, paragraph 1(a).
1981 c. 59.The Matrimonial Homes (Family Protection) (Scotland) Act 1981.Section 7(5).
1982 c. 27.The Civil Jurisdiction and Judgments Act 1982.In paragraph 1 of Schedule 9, the words “for adherence and aliment or”.
1983 c. 12.The Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983.In Schedule 1, paragraphs 21 and 23.
1984 c. 15.The Law Reform (Husband and Wife) (Scotland) Act 1984.In Schedule 1, paragraphs 3, 4 and 6.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources