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SCHEDULES

SCHEDULE 28SConsequential amendments: Scotland

Part 2 SAmendments of the Family Law (Scotland) Act 1985 (c. 37)

16(1)Amend section 10 (sharing of value of matrimonial property) as follows.S

(2)In subsection (1)—

(a)after “property” insert “ or partnership property ”, and

(b)for “the parties to the marriage” substitute “ persons ”.

(3)In subsection (2)—

(a)omit first “matrimonial”,

(b)for “the parties or either of them” substitute “ one or both of the parties to the marriage or as the case may be of the partners ”,

(c)in paragraph (a), after “property” insert “ or before the registration of the partnership so far as they relate to the partnership property ”, and

(d)in paragraph (b), at the end insert “ or partnership ”.

(4)In subsection (3)—

(a)in paragraph (a), for “parties” substitute “ persons ”, and

(b)in paragraph (b), at the end insert “ or for dissolution of the civil partnership ”.

(5)After subsection (4) insert—

(4A)Subject to subsection (5) below, in this section and in section 11 of this Act “the partnership property” means all the property belonging to the partners or either of them at the relevant date which was acquired by them or by one of them (otherwise than by way of gift or succession from a third party)—

(a)before the registration of the partnership for use by them as a family home or as furniture or plenishings for such a home, or

(b)during the partnership but before the relevant date.

(6)In subsection (5)—

(a)for “party” (in each place) substitute “ person ”, and

(b)at the end insert “ or partnership property ”.

(7)In subsection (6)—

(a)in paragraph (a), for “parties” substitute “ persons ” and at the end insert “ or partnership property ”,

(b)in paragraph (b), after “property” insert “ or partnership property ”, for “parties” substitute “ persons ” and at the end insert “ or partnership ”,

(c)in paragraph (c), for “party” substitute “ person ”,

(d)in paragraph (d), after “property” insert “ or partnership property ” and for “matrimonial” substitute “ family ”, and

(e)in paragraph (e), at the end insert “ or the dissolution of the civil partnership ”.

(8)In subsection (7), for “parties” (in both places) substitute “ persons ”.