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Family Law

Periodic Sum on Divorce

Periodical Allowances

The rules on financial provision on divorce and dissolution are aimed at encouraging each party to become as financially independent of each other as possible following a split – the clean break principle.

S13 of the Family Law (Scotland) Act 1985 provides that the court shall not make an order for a Periodical allowance unless:

  • It is satisfied that an order for payment of a capital sum or for transfer or property would be inappropriate or insufficient to satisfy the requirements of s8(2); and
  • It is justified by one of the overriding principles set out in s9(1)(c),(d), or (e) of the Act.
  • S9, in so far as it applies to periodic allowances, allow the court to make an order for a periodic allowance to compensate for the economic burden of caring fro children or to relieve hardship.

Periodical allowances can be made for a definite or an indefinite period of time and can be varied if there is a material change in circumstances. An order for a periodical allowance can also be converted into the payment of a capital sum or a property transfer order.

In the event of the death or remarriage of a payee, the order will cease to be effective, however, on the death of the payer, the order will continue to operate against the payer’s estate.

Contact our family law specialist Colette Kerr on 0141 404 1091 or by email at cmk@oraclelaw.com

For expert legal advice call now on: 0141 332 0915

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