Unequal Sharing of Matrimonial Property: Sections 9 & 10 of the Family Law (Scotland) Act 1985

1.5 hour verifiable CPD

Sections 9 and 10 of the Family Law (Scotland) Act 1985 set out the ‘fair sharing’ principle, which informs the court’s determination of the division of matrimonial assets on divorce and operates on the assumption that these are shared fairly where the division is equal. These sections also set out the circumstances in which this principle can, and should, be departed from.   

Join our speaker Tom Quail, Head of Family Law at Wright, Johnston and Mackenzie LLP, for practical guidance and insight into:  

• The main principles for departing from an equal sharing of matrimonial property in terms of Sections 9 and 10(6) of the Family Law (Scotland) Act 1985;  
• An overview of the case law in this area and an explanation of the threads common to the legislation and case law;  
• Guidance on how to construct and counter an argument for unequal sharing, and a discussion of the likelihood of success of particular arguments.   

The webinar will be of interest both to lawyers who specialise in family law, and to those lawyers for which family law is part of their general practice.