Incidental Orders are additional legal orders a court can make before, during, or after a divorce or the dissolution of a civil partnership to help resolve practical, financial, or property issues between separating couples.

📅 When Can an Incidental Order Be Made?

• Before, on, or after the court grants or refuses a divorce or civil partnership dissolution.
• Certain types (such as orders about occupying the home or paying household outgoings) can only be made after the decree is granted (or refused).

📋 Types of Incidental Orders

There are a wide range of incidental orders the court can make, including:

🏠 1. Sale or Valuation of Property

• Sale of property so proceeds can be divided.
• Valuation of property to help determine fair division.

⚖️ 2. Deciding Property Rights

• Resolve disputes over who owns what (by declaration or other means).

🏡 3. Regulating Occupation of the Home

• Decide who can live in the matrimonial/family home.
• Decide who can use the furniture and household items.
• May exclude one person from living in the property.

💡 4. Household Outgoings

• Decide how mortgage, rent, bills, and other household expenses are shared.

🛡 5. Financial Security

• Require one party to give security (such as a guarantee) for future financial provision.

📦 6. Payments to a Trustee or Third Party

• Direct money or property to be transferred to a curator bonis (legal guardian for financial affairs) or other trustee for the benefit of one party.

📜 7. Changing Marriage or Civil Partnership Settlements

• Set aside or alter terms of a pre-nuptial, post-nuptial, or similar civil partnership agreement.

📅 8. Interest Start Date

• Decide from what date interest on a financial award should begin to run.

✍️ 9. Executing Deeds

• Authorise the sheriff clerk to sign deeds relating to moveable property if one party refuses.

🛠 10. Ancillary Orders

• Any other order needed to make sure the main financial principles of the Act are met.

📜 Occupancy Rights Protection

If an incidental order allows someone to stay in the home or use its furniture, special protections apply:

For Married Couples:

• Rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 apply as if the person had full “occupancy rights.”

For Civil Partners:

• Rights under the Civil Partnership Act 2004 apply in a similar way.

These rights protect against being unfairly removed from the home or having use of household goods blocked.

🔄 Changing or Cancelling an Incidental Order

• Orders can be varied or cancelled (“recalled”) if circumstances change.
• Example: One party’s financial situation changes dramatically.

🛡 Limitations Before Divorce/Dissolution

• The Court of Session can set rules restricting which incidental orders may be made before the final divorce/dissolution decree is granted.

💬 Why Incidental Orders Matter

Incidental orders ensure that practical issues are resolved fairly while the main divorce or dissolution proceedings are ongoing or after they are complete.
They can cover:

• Property and financial disputes.
• Occupancy of the home.
• Household expenses.
• Protection of financial interests.

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