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Matrimonial and Family Proceedings Act 1984

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This is the original version (as it was originally enacted).

29Disposal of application in Scotland

(1)Subject to subsections (2) to (5) below, Scots law shall apply, with any necessary modifications, in relation to an application under section 28 above as it would apply if the application were being made in an action for divorce in Scotland.

(2)In disposing of an application entertained by it under the said section 28, the court shall exercise its powers so as to place the parties, in so far as it is reasonable and practicable to do so, in the financial position in which they would have been if the application had been disposed of, in an action for divorce in Scotland, on the date on which the foreign divorce took effect.

(3)In determining what is reasonable and practicable for the purposes of subsection (2) above, the court shall have regard in particular to—

(a)the parties' resources, present and foreseeable at the date of disposal of the application ;

(b)any order made by a foreign court in or in connection with the divorce proceedings for the making of financial provision in whatever form, or the transfer of property, by one of the parties to the other; and

(c)subsection (5) below.

(4)Except where subsection (5) below applies, the court may make an order for an interim award of a periodical allowance where—

(a)it appears from the applicant's averments that in the disposal of the application an order for financial provision is likely to be made ; and

(b)the court considers that such an interim award is necessary to avoid hardship to the applicant.

(5)Where but for section 28(2)(b)(iii) above the court would not have jurisdiction to entertain the application, the court may make an order—

(a)relating to the former matrimonial home or its furniture and plenishings; or

(b)that the other party to the marriage shall pay to the applicant a capital sum not exceeding the value of that other party's interest in the former matrimonial home arid its furniture and plenishings,

but shall not be entitled to make any other order for financial provision.

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