Family Law (Scotland) Act 1985

8 Orders for financial provision. S

(1) In an action for divorce, either party to the marriage [F1 and in an action for dissolution of a civil partnership, either partner] may apply to the court for one or more of the following orders—

(a) an order for the payment of a capital sum F2 ... to him by the other party to the [F3 action];

[F4 (aa) an order for the transfer of property to him by the other party to the [F3 action];]

(b) an order for the making of a periodical allowance to him by the other party to the [F3 action];

[F5 (baa) a pension sharing order.]

F6 [(ba) an order under section 12A(2) or (3) of this Act;]

(c) an incidental order within the meaning of section 14(2) of this Act.

(2) Subject to sections 12 to 15 of this Act, where an application has been made under subsection (1) above, the court shall make such order, if any, as is—

(a) justified by the principles set out in section 9 of this Act; and

(b) reasonable having regard to the resources of the parties.

(3) An order under subsection (2) above is in this Act referred to as an “order for financial provision”.

F7 [(4) The court shall not, in the same proceedings, make both a pension sharing order and an order under section 12A(2) or (3) of this Act in relation to the same pension arrangement.

[F8 (4A) The court shall not make a pension sharing order, or an order under section 12A(2) or (3) of this Act, in relation to matrimonial property, or partnership property, consisting of compensation such as is mentioned in section 10(5A).]

(5) Where, as regards a pension arrangement, the parties to a marriage [F9 or the partners in a civil partnership] have in effect a qualifying agreement which contains a term relating to pension sharing, the court shall not—

(a) make an order under section 12A(2) or (3) of this Act; or

(b) make a pension sharing order,

relating to the arrangement unless it also sets aside the agreement or term under section 16(1)(b) of this Act.

(6) The court shall not make a pension sharing order in relation to the rights of a person under a pension arrangement if there is in force an order under section 12A(2) or (3) of this Act which relates to benefits or future benefits to which he is entitled under the pension arrangement.

(7) In subsection (5) above—

(a) “term relating to pension sharing” shall be construed in accordance with section 16(2A) of this Act; and

(b) “qualifying agreement” has the same meaning as in section 28(3) of the Welfare Reform and Pensions Act 1999.]

Textual Amendments

F1 Words in s. 8(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 14(2)(a); S.S.I. 2005/604, arts. 2(c), 4

F2 Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 para. 34(a), Sch. 9

F3 Word in s. 8(1)(a)-(c) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 14(2)(b); S.S.I. 2005/604, arts. 2(c), 4

F4 S. 8(1)(aa) inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 76:2), s. 74, Sch. 8 para. 34(b)

F5 S. 8(1)(baa) inserted (1.12.2000) by 1999 c. 30, s. 20(1)(2); s.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F6 S. 8(1)(ba) inserted (19.8.1996) by 1995 c. 26, s. 167(1); S.I. 1996/1843, art. 3(b)

F7 S. 8(4)-(7) inserted (1.12.2000) by 1999 c. 30, s. 84, Sch. 12 Pt. I para. 6; S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

F8 S. 8(4A) inserted (4.5.2006) by Family Law (Scotland) Act 2006 (asp 2), ss. 17(2), 46(2); S.S.I. 2006/212, art. 2

F9 Words in s. 8(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 14(3); S.S.I. 2005/604, arts. 2(c), 4

Modifications etc. (not altering text)

C1 S. 8 excluded (1.12.2000) by 1999 c. 30, s. 85(5); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV