Divorce Finances

The principles to be  applied, the sharing of the value of matrimonial property and factors to be taken into account in sections 9, 10 &11 respectively  are of particular interest.

(There are effects on this legislation that have not yet been applied to Statute Law Database for the following years: 2003, 2004, 2005, 2006, 2007 and 2008.)

Around three quarters of Scottish adults are likely to be financially eligible for civil legal aid from 7 April, as part of a move to increase access to justice.  If your income, after paying essential expenses such as your mortgage, tax and childcare, is £25,000 or less, you may qualify.

Very useful solicitors website.

There is a lot of discriminatory and inconclusive determination regards expenses in family actions in Scotland. The following article helps clear how to argue regards awards of expenses.

The approach to expenses in consistorial actions was set out by Lord Gill (as he then was) in Adams v Adams 1997 SLT 150. At 151C-E he said:     

"Section 22 of the Family Law (Scotland) Act 1995 abolished the rule that a husband was liable for the wife's expenses in a consistorial action. It does not follow that in such an action expenses must now follow success. The provisions of the 1995 Act are complex ... in applying these provisions the court has a wide discretion ... The court's approach to expenses must be more flexible than it would be in a simple petitory action ... In exercising its discretion as to expenses the court may take into account such matters as the reasonableness of the parties claims, the extent to which they have co-operated in disclosing, the agreeing of the value of their respective assets, and offers they have made to settle, the extent to which the proof could have been avoided and, of course, the final outcome."