THE
PRE-1995 ACT
LAW
The pre-1995 Act law, to be found in the Family
Law (Scotland) Act 1985, can be stated fairly simply. The Courts
are specifically directed that matrimonial property (broadly that
acquired during the period of the marriage) is to be fairly shared
upon divorce. Fair sharing on the face of it means equal sharing.
Rights and interests under a life policy or occupational pension
scheme or similar arrangement are specifically included within
"property".
Emphasis is on a clean break. Either party to
the marriage may apply to the Courts for one or more of the following:
(a) an order for the payment of a capital
sum.
(b) an order for the transfer of property
to the other by either party to the marriage,
(c) an order for the making of a periodical
allowance to him or her, or
(d) an incidental order within the meaning
of Section 14(2) of the Family Law (Scotland) Act 1985.
The legislation although apparently simple uncovered
a number of problems, for example on valuation and also in relation
to pensions which are not readily transferable.
