Wednesday, April 30, 2008

s9 Principles

Scots law favours certainty to encourage pre-court settlement of financial provision on divorce and underpinning the Family Law (Scotland) Act 1985 is the "clean break" to encourage the readjustment to a lower standard of living or a return to independence. The courts are directed to ensure that the financial provision awarded is reasonable having regard to the resources of the parties. This discretion is limited by the principles set out in section 9 of the Act;-

(a) the net value of the matrimonial property should be shared fairly between the parties to the marriage;

(b) fair account should be taken of any economic advantage derived by either party from contributions by the other, and of any economic disadvantage suffered by either party in the interests of the other party or of the family;

(c) any economic burden of caring, after divorce, for a child of the marriage under the age of 16 years should be shared fairly between the parties;

(d) a party who has been dependent to a substantial degree on the financial support of the other party should be awarded such financial provision as is reasonable to enable him to adjust, over a period of not more than three years from the date of the decree of divorce, to the loss of that support on divorce;

(e) a party who at the time of the divorce seems likely to suffer serious financial hardship as a result of the divorce should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period.

Reference; Family Law in Scotland Joe Thompson


Anonymous,  22 March, 2011 09:29  

I have been a stay at home parent whilst my partner has gone out to work and home studied to move up the employment ladder. They now have a recognised qualification and a number of years experience that allows them to command a reasonable salary.
In the mean time I have performed most of the domestic chores and been responsible for all home maintenance, bill paying, cooking, most child care etc. I have also created and managed a B&B from the family home which has allowed me to perform the above and contribute to the joint income.
Does anybody have any ideas how this last part fits in with s9 principles. Ther are more details but would prefer these to be exchanged off line.

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