The Family Law (Scotland) Act 1985: a principled system in context

Mair, J. (2018) The Family Law (Scotland) Act 1985: a principled system in context. Australian Journal of Family Law, 32(1), 204.

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The Family Law (Scotland) Act 1985 introduced a detailed and tightly structured framework of statutory principles and guidance to be applied by the Scottish courts in making orders for financial provision on divorce. Within Scotland, the legislation is highly regarded and viewed as achieving a good balance between certainty and flexibility. Beyond this domestic context, there is sometimes a different perception of the Act as being overly rigid and lacking in discretion. Drawing on findings from a recent empirical study of 30 years of the 1985 Act in practice, this article will explore the gap between internal and external perceptions, stressing in conclusion the importance of context.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Mair, Professor Jane
Authors: Mair, J.
College/School:College of Social Sciences > School of Law
Journal Name:Australian Journal of Family Law
Publisher:LexisNexis Australia
Copyright Holders:Copyright © 2018
First Published:First published in Australian Journal of Family Law 32(1):204
Publisher Policy:Reproduced in accordance with the publisher copyright policy

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