Search Legislation

Bankruptcy (Scotland) Act 2016

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Claims for aliment and for periodical allowance on divorce or on dissolution of civil partnership

 Help about opening options

Alternative versions:

Changes to legislation:

Bankruptcy (Scotland) Act 2016, Cross Heading: Claims for aliment and for periodical allowance on divorce or on dissolution of civil partnership is up to date with all changes known to be in force on or before 08 June 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Claims for aliment and for periodical allowance on divorce or on dissolution of civil partnershipS

2(1)A person entitled to aliment, however arising, from a living debtor as at the date of sequestration, or from a deceased debtor immediately before the debtor's death, is not entitled to include in the amount of the person's claim—S

(a)any unpaid aliment for any period before the date of sequestration unless the amount of the aliment has been quantified by court decree or by any legally binding obligation which is supported by evidence in writing, and—

(i)in the case of spouses (or, where the aliment is payable to a divorced person in respect of a child, former spouses), or

(ii)in the case of civil partners (or, where the aliment is payable to a former civil partner in respect of a child after dissolution of a civil partnership, former civil partners),

they were living apart during that period, or

(b)any aliment for a period after the date of sequestration.

(2)Sub-paragraph (1) applies to a periodical allowance payable on divorce or on dissolution of a civil partnership—

(a)by virtue of a court order, or

(b)under any legally binding obligation which is supported by evidence in writing,

as it applies to aliment and as if, for sub-paragraphs (i) and (ii) of sub-paragraph (1)(a) and the word “they” which immediately follows sub-paragraph (ii), there were substituted “the payer and payee”.

Commencement Information

I1Sch. 2 para. 2 in force at 30.11.2016 by S.S.I. 2016/294, reg. 2

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?