Periodic Sum on Divorce
The rules behind 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.
A court can, only in exceptional circumstances make an order for Periodical Allowance to be made from one party to the other.
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.
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.