Family Law (Scotland) Act 1985
Aliment
1 Obligation of aliment.
2 Actions for aliment.
3 Powers of court in action for aliment.
4 Amount of aliment.
5 Variation or recall of decree of aliment.
6 Interim aliment.
7 Agreements on aliment.
Financial provision on divorce, etc.
8 Orders for financial provision.
8A Pension sharing orders: apportionment of charges.
9 Principles to be applied.
10 Sharing of value of matrimonial property.
11 Factors to be taken into account.
12 Orders for payment of capital sum or transfer of property.
12A Orders for payment of capital sum: pensions lump sums.
13 Orders for periodical allowance.
14 Incidental orders.
15 Rights of third parties.
16 Agreements on financial provision.
17 Financial provision on declarator of nullity of marriage.
Supplemental
18 Orders relating to avoidance transactions.
19 Inhibition and arrestment.
20 Provision of details of resources.
21 Award of aliment or custody where divorce or separation refused.
22 Expenses of action.
23 Actions for aliment of small amounts.
Matrimonial property, etc.
24 Marriage not to affect property rights or legal capacity.
25 Presumption of equal shares in household goods.
26 Presumption of equal shares in money and property derived from housekeeping allowance.
General
27 Interpretation.
28 Amendments, repeals and savings.
29 Citation, commencement and extent.
SCHEDULES
SCHEDULE 1 Minor and Consequential Amendments
The Sheriff Courts (Scotland) Act 1907 (c. 51)
1In section 5 of the Sheriff Courts (Scotland) Act 1907...
The Guardianship of Infants Act 1925 (c. 45)
2In section 3(3) of the Guardianship of Infants Act 1925...
The Maintenance Orders Act 1950 (c. 37)
3In section 16(2)(b)(i) of the Maintenance Orders Act 1950 (enforcement...
The Succession (Scotland) Act 1964 (c. 41)
4In section 33(2) of the Succession (Scotland) Act 1964 (construction...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1966 (c. 19)
5In section 8(1) of the Law Reform (Miscellaneous Provisions) (Scotland)...
The Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18)
6In section 31 of the Maintenance Orders (Reciprocal Enforcement) Act...
7In section 39 of that Act, in the definition of...
The Matrimonial Proceedings (Polygamous Marriages) Act 1972 (c. 38)
8In section 2(2) of the Matrimonial Proceedings (Polygamous Marriages) Act...
The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
9In Schedule 2 to the Domicile and Matrimonial Proceedings Act...
The Land Registration (Scotland) Act 1979 (c. 33)
10In section 12(3)(b) of the Land Registration (Scotland) Act 1979...
The Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)
11For section 13(2) of the Matrimonial Homes (Family Protection) (Scotland)...
The Matrimonial and Family Proceedings Act 1984 (c. 42)
12After section 29 of the Matrimonial and Family Proceedings Act...
13In section 30(1) of that Act (interpretation of Part IV),...
SCHEDULE 2 Repeals

Family Law (Scotland) Act 1985

1985 c. 37

An Act to make fresh provision in the law of Scotland regarding aliment; regarding financial and other consequences of decrees of divorce and of declarator of nullity of marriage; regarding property rights and legal capacity of married persons; and for connected purposes.

I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Commencement Information
I1

Act not in force at Royal Assent see s. 29(2), Act wholly in force 30.11.1988.