The economic burden of caring for the children

Sheriff Principal MacPhail QC put forward an interesting point regards the economic burden of caring for children in terms of section 9(1)(c) of the Family Law (Scotland) Act 1985 where no aliment had been paid and whether this should be taken into account in respect of division of the matrimonial assets.

At point 7 he noted:

"In my opinion these averments are wholly misconceived. Section 9(1)(c) is concerned with 'any economic burden of caring, after divorce, for a child of the marriage under the age of 16 years'. There are no children of the marriage under 16 years".

This point has subsequently been used when similar contention has arisen.