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Family Law (Scotland) Act 1985

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9 Principles to be applied.S

(1)The principles which the court shall apply in deciding what order for financial provision, if any, to make are that—

(a)the net value of the matrimonial property should be shared fairly between the parties to the marriage [F1or as the case may be the net value of the partnership property should be so shared between the partners in the civil partnership];

(b)fair account should be taken of any economic advantage derived by either [F2person] from contributions by the other, and of any economic disadvantage suffered by either [F2person] in the interests of the other [F2person] or of the family;

(c)any economic burden of caring,

[F3(i)]after divorce, for a child of the marriage under the age of 16 years

[F4(ii)after dissolution of the civil partnership, for a child under that age who has been accepted by both partners as a child of the family [F5or in respect of whom they are, by virtue of sections 33 and 42 of the Human Fertilisation and Embryology Act 2008, the parents],]

should be shared fairly between the [F6persons];

(d)a [F7person] who has been dependent to a substantial degree on the financial support of the other [F7person] should be awarded such financial provision as is reasonable to enable him to adjust, over a period of not more than three years from

[F8(i)]the date of the decree of divorce, to the loss of that support on divorce,

[F9(ii)the date of the decree of dissolution of the civil partnership, to the loss of that support on dissolution,]

(e)a [F10person] who at the time of the divorce [F11or of the dissolution of the civil partnership,] seems likely to suffer serious financial hardship as a result of the divorce [F11or dissolution] should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period.

(2)In subsection (1)(b) above and section 11(2) of this Act—

  • economic advantage” means advantage gained whether before or during the marriage [F12or civil partnership] and includes gains in capital, in income and in earning capacity, and “economic disadvantage” shall be construed accordingly;

  • contributions” means contributions made whether before or during the marriage [F12or civil partnership]; and includes indirect and non-financial contributions and, in particular, any such contribution made by looking after the family home or caring for the family.

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Amendments (Textual)

F5Words in s. 9(1)(c)(ii) inserted (6.4.2009 for specified purposes, 1.9.2009 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 46; S.I. 2009/479, art. 6(1)(e)(2) (with art. 7 Sch.)

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