XK Family Law Solicitors Aberdeen – Trusted Advice on Financial Support After Separation.

Aliment is the legal term for financial support in Scotland a person may owe to another (such as between spouses, civil partners or children). Sometimes, people agree privately on payments. But what happens if things change?

Here’s what the law says about agreements on aliment.

⚖️ Can You Give Up the Right to Claim Aliment?

You can only sign away future rights to claim aliment if the agreement you entered into was fair and reasonable at the time it was made.

💡 Example: If someone agreed never to claim financial support, but they were under pressure or had no legal advice, the court may say that part of the agreement is invalid.

🔁 What If Circumstances Change?

If there’s a material change in your situation, either person can ask the court to:

• Change the amount of aliment to be paid.
• Terminate the agreement.

This applies whether you’re the person paying or receiving aliment.

📉 What Counts as a “Material Change”?

• A new Child Maintenance Service calculation.
• Big changes in income, expenses, or family circumstances.
• Health problems or job loss.

🏛️ What Can the Court Do?

The court has several powers when reviewing aliment agreements:

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✅ The Court May:

• 🔄 Change or cancel the aliment amount.
• ⏳ Make interim orders while the case is ongoing.
• 🔙 Backdate changes to the day the application was made… or earlier, if there’s Special Cause Shown (a good reason – discussed here).
• 💷 Order repayments of overpaid amounts if circumstances justify it.

⚠️ Note: The court can’t replace ongoing payments with a one-off lump sum in these cases.

👶 Special Rules for Child Support

If a child maintenance calculation is made by the government (e.g. via the Child Maintenance Service), this automatically counts as a material change. This allows either side to apply for a review of the aliment agreement.

🛡️ Can You Defend Against an Agreement?

Yes. The same defences that apply to an aliment claim (such as already supporting someone or offering to live together again) also apply when enforcing an aliment agreement.

📍 Which Court Handles These Cases?

The case would depend on the value or complexity but would normally be raised in the sheriff court in your local area.

👩‍⚖️ Need Help with an Aliment Agreement?

Whether you want to:

• Review or change an existing agreement.
• Enforce unpaid payments.
• Or challenge an unfair clause.

XK Family Law Solicitors Aberdeen can guide you every step of the way. We offer clear advice tailored to your situation.

Ready to Discuss Your Case?

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