Family Law (Scotland) Act 1985

6 Interim aliment. S

(1) A claim for interim aliment shall be competent—

(a) in an action for aliment, by the [F1 person] who claims aliment against the other [F1 person];

(b) in an action for divorce, separation, declarator of marriage or declarator of nullity of marriage, by either party against the other party.

[F2 (c) in an action for dissolution of a civil partnership, separation of civil partners or declarator of nullity of a civil partnership, by either partner against the other partner,]

on behalf of the claimant and any person on whose behalf he is entitled to act under section 2(4) of this Act.

(2) Where a claim under subsection (1) above has been made, then, whether or not the claim is disputed, the court may award by way of interim aliment the sum claimed or any lesser sum or may refuse to make such an award.

(3) An award under subsection (2) above shall consist of an award of periodical payments payable only until the date of the disposal of the action in which the award was made or such earlier date as the court may specify.

(4) An award under subsection (2) above may be varied or recalled by an order of the court; and the provisions of this section shall apply to an award so varied and the claim therefor as they applied to the original award and the claim therefor.

Textual Amendments

F1 Words in s. 6(1)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 13(a); S.S.I. 2005/604, arts. 2(c), 4

F2 S. 6(1)(c) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 13(b); S.S.I. 2005/604, arts. 2(c), 4