In light of the recent judgment by the Law Lords in the case of McFarlane v McFarlane, whether Scottish Ministers intend to propose a chang…

No. We are content that an applicationfor financial settlement made in terms of sections 9(1)(b) and 9(1)(c) of the FamilyLaw (Scotland) Act 1985 would be capable of attracting an award thatreflects the Law Lords judgement in this case. Section 9(1)(b) allows one of theparties to a divorce to claim a net economic disadvantage suffered in the interestsof the other party or of the family. Where this is proved, it is open to the courtsto make a fixed sum compensatory award payable in lump sums or instalments. Thereis no three year or other limit on the duration of the period over which the instalmentscan be ordered. Section 9(1)(c) allows a claim to be made for the equal sharingof the economic burden of caring, after divorce, for a child of the marriage underthe age of 16.