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

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.