- Latest available (Revised)
- Original (As enacted)
Prospective version(s) available. Show Timeline of Changes
The version on screen is currently in force, but there is a version available (prospective version) to show how it could change.
The prospective version will remain prospective until a date is appointed by an appropriate person or body to bring those changes into force.
To see the prospective version, use the Show Timeline of Changes feature under ‘Advanced Features’.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring changes and effects in the prospective version into force.
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.
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.
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.
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:
(1)In this Act, unless the context otherwise requires—
“action” means an action brought after the commencement of this Act;
“action for aliment” has the meaning assigned to it by section 2(3) of this Act;
“aliment” does not include alimentpendente lite or interim aliment under section 6 of this Act;
[F1“benefits under a pension arrangement” includes any benefits by way of pension, including relevant state scheme rights, whether under a pension arrangement or not;]
“caravan” means a caravan which is mobile or affixed to the land;
“child” includes [F2a child whether or not his parents have ever been married to one another], and any reference to the child of a marriage (whether or not subsisting) includes a child (other than a child who has been boarded out with the parties, or one of them, by a local or other public authority or a voluntary organisation) who has been accepted by the parties as a child of the family;
[F3“child support maintenance” has the meaning assigned to it by section 3(6) of the Child Support Act 1991;]
“the court” means the Court of Session or the sheriff, as the case may require;
“decree” in an action for aliment includes an order of the court awarding aliment;
“family” includes a one-parent family;
“incidental order” has the meaning assigned to it by section 14(2) of this Act;
[F3“maintenance assessment” has the meaning assigned to it by section 54 of the Child Support Act 1991;]
“marriage”, in relation to an action for declarator of nullity of marriage, means purported marriage;
“matrimonial home” has the meaning assigned to it by section 22 of the M1Matrimonial Homes (Family Protection) (Scotland) Act 1981 [F4as amended by section 13(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985];
“needs” means present and foreseeable needs;
“obligation of aliment” shall be construed in accordance with section 1(2) of this Act;
“order for financial provision” means an order under section 8(2) of this Act and, in sections 18(1) and 22(c) of this Act, also includes an order under section 5(2) of the M2Divorce (Scotland) Act 1976;
“party to a marriage” and “party to the marriage” include a party to a marriage which has been terminated or annulled;
[F5“pension arrangement” means—
any occupational pension scheme within the meaning of the M3Pension Schemes Act 1993;
a personal pension scheme within the meaning of that Act;
a retirement annuity contract;
an annuity or insurance policy purchased or transferred for the purpose of giving effect to rights under an occupational pension scheme or a personal pension scheme;
an annuity purchased or entered into for the purpose of discharging liability in respect of a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation;]
[F6“person responsible for a pension arrangement” means—
in the case of an occupational pension scheme or a personal pension scheme, the trustees or managers of the scheme;
in the case of a retirement annuity contract or an annuity falling within paragraph (d) or (e) of the definition of “pension arrangement” above, the provider of the annuity;
in the case of an insurance policy falling within paragraph (d) of the definition of that expression, the insurer;]
“property” in sections 8, 12, 13 and 15 of this Act does not include a tenancy transferable under section 13 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;
[F7“relevant state scheme rights” means—
entitlement, or prospective entitlement, to a Category A retirement pension by virtue of section 44(3)(b) of the M4Social Security Contributions and Benefits Act 1992 or under corresponding Northern Ireland legislation; and
entitlement, or prospective entitlement, to a pension under section 55A of the M5Social Security Contributions and Benefits Act 1992 (shared additional pension) or under corresponding Northern Ireland legislation;]
“resources” means present and foreseeable resources;
[F9“trustees or managers” in relation to an occupational pension scheme or a personal pension scheme means—
in the case of a scheme established under a trust, the trustees of the scheme; and
in any other case, the managers of the scheme;]
“voluntary organisation” means a body, other than a local or other public authority, the activities of which are not carried on for profit.
(2)For the purposes of this Act, the parties to a marriage shall be held to cohabit with one another only when they are in fact living together as man and wife.
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: