XK Family Law Solicitors Aberdeen – Experts in Divorce and Financial Settlements in Scotland.

When a marriage or civil partnership ends, the courts can make financial orders to help divide money, property, and pensions fairly. These Orders are known as financial provision Orders.

✅ What Can the Court Order?

When a divorce or civil partnership dissolution is taking place, either person can ask the court for any of the following:

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💷 1. Capital Sum

A one-off lump sum of money from the other party.

🏠 2. Property Transfer

The transfer of property or assets, such as the family home.

💸 3. Regular Payments (Periodical Allowance)

Ongoing payments to support one party financially after separation.

🧓 4. Pension Sharing Order

Splitting pension savings fairly between both people.

💼 5. Pension Compensation Sharing

Sharing any compensation from the Pension Protection Fund (PPF).

⚙️ 6. Incidental Orders

Extra orders, such as for selling property or regulating who pays the bills short-term.

⚖️ What Does the Court Consider?

The court must follow these two key principles:

1. ✅ The order must be justified by the fairness rules set out in Section 9 of the Act.
2. 💡 It must be reasonable, taking into account each person’s financial resources.

The aim is to achieve fairness, not to punish either person.

🚫 Important Restrictions on Pension Orders

The law prevents double claims on the same pension. This means:

• The court can’t make both a pension sharing order and a pension compensation order for the same pot.
• If a pension agreement already exists between the couple, the court must set it aside before making a new order.
• If a pension or PPF compensation has already been divided in a previous case between the same two people, it can’t be split again.

📄 What Is a “Qualifying Agreement”?

If you and your ex have made a legal agreement (for example, through a separation agreement) that covers how pensions or compensation will be divided, the court may be restricted unless it finds the agreement unfair or chooses to override it.

👨‍⚖️ How We Can Help

If you’re going through a divorce or civil partnership breakdown and need guidance on:

• Applying for a financial order.
• Understanding your rights around property or pensions.
• Negotiating a fair settlement.

Our expert family law team at XK Family Law Solicitors Aberdeen is here to help.

Ready to Discuss Your Case?

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