Section 9 of the Family Law (Scotland) Act 1985 sets out the principles that Scottish courts must follow when dividing finances and property after a marriage or civil partnership ends. This section is at the heart of fair financial provision in divorce cases.

At xkSolicitors, we help clients across Scotland—especially in Aberdeen and the North East – understand how these principles affect their entitlements when a relationship ends.

🧭 What Is Section 9 About?

Section 9 outlines five key fairness principles that courts use when deciding:

• How property should be split.
• Whether one person should pay the other money.
• If financial help should continue after separation.
• How to protect the interests of children.
• How to avoid financial hardship.

🔑 The Five Section 9 Principles Explained

1. ⚖️ Fair Sharing of Matrimonial or Partnership Property

[Section 9(1)(a)]
The law assumes that any property acquired during the marriage or civil partnership should be shared ‘fairly’… which usually means ‘equally‘.

However, the court can adjust the split if there are “special circumstances”, such as:

• One partner contributed significantly more.
• An inheritance or gift was used to buy property.
• A prenuptial agreement exists.

🔍 “Matrimonial property” includes things like the family home, cars, savings, and pensions acquired during the relationship.

2. 💷 Compensating Economic Imbalance

[Section 9(1)(b)]
If one partner gained financially and the other lost out to support the family (or the other partner), the court may award compensation.

Examples:

• One gave up their career to raise children.
• One partner paid for the other’s education or training from non matrimonial funds.
• There was unpaid domestic work that supported the household.

3. 👶 Covering the Cost of Childcare

[Section 9(1)(c)]
A parent who has the main responsibility for caring for children under the age of 16 (after the divorce), may get extra financial support to cover:

• Daily childcare costs.
• Housing suitable for the children.
• Lost income due to parenting responsibilities.

4. ⏳ Adjustment for Loss of Financial Support

[Section 9(1)(d)]
If one partner was financially dependent on the other during the marriage, the court may award periodic allowance payments for up to 3 years to help them adjust to financial independence.

Periodic allowance is not permanent maintenance – it’s designed to provide a transition period to independence.

5. 🚨 Preventing Serious Financial Hardship

[Section 9(1)(e)]
If one person would suffer serious financial hardship without financial help, the court can make additional financial orders to ease the burden. This cold be due to health issues or other personal circumstances.

🧠 How the Court Applies These Principles

Before making any financial award, the court must be satisfied that:

1. The order is justified by one of the Section 9 principles, and
2. It is reasonable given the resources and circumstances of both parties.

Courts aim for a “clean break” wherever possible, using one-off capital sums, property transfers, or pension sharing rather than long-term payments.

❗ Why Section 9 Matters

These principles apply to all divorces and dissolutions in Scotland, and they influence:

• Who keeps heritable property (the house).
• Who pays whom (and how much).
• What happens to pensions, savings, moveable assets etc.
• How parenting and financial responsibilities are shared.

✅ What You Should Do (Instruct us!)

If you’re separating or divorcing, it’s essential to:

• Identify what counts as matrimonial property.
• Gather evidence of contributions, income, and sacrifices.
• Consider your financial future and that of your children

At XK Family Law Solicitors Aberdeen, we use our experience in Scottish family law to help you get the fairest financial outcome.

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