OTHER
FORMS OF
CONSISTORIAL ACTION
1. Nullity
Section 17 of the Family Law (Scotland) Act
1985 applies to actions of nullity of marriage the same provisions
as in an action for divorce.
2. Judicial separation
The parties remain married. Aliment may be awarded
which could be paid out of pension if in payment. If the pension
is not in payment it is really not relevant. A spouse's pension
would continue to be payable to the separated spouse. It should
however be borne in mind that lump sums death benefits are almost
always payable at discretion as to the beneficiary and that may
also be the case on other dependant's benefits. There may have
to be some agreement about that.
3. Separation by Agreement
This is really the same as judicial separation.
4. Separation Agreement envisaging divorce
All the foregoing have to be borne in mind.
In other words you have to bear in mind what the Courts would
award in order to decide what the parties should fairly agree
to and try to split things up accordingly. Until they are actually
divorced the position as under separation above pertains. It may
be necessary to get the Court to interpone authority to an agreement
for earmarking of benefits.
