10 Sharing of value of matrimonial property
Family Law (Scotland) Act 1985 (1985 c 37) | Legislation

10  Sharing of value of matrimonial property

(1)     In applying the principle set out in section 9(1)(a) of this Act, the net value of the matrimonial property [or partnership property] shall be taken to be shared fairly between [persons] when it is shared equally or in such other proportions as are justified by special circumstances.

(2)     [Subject to subsection (3A) below,] the net value of the . . . property shall be the value of the property at the relevant date after deduction of any debts incurred by [one or both of the parties to the marriage or as the case may be of the partners]—

(a)     before the marriage so far as they relate to the matrimonial property [or before the registration of the partnership so far as they relate to the partnership property], and

(b)     during the marriage [or partnership],

which are outstanding at that date.

(3)     In this section “the relevant date” means whichever is the earlier of—

(a)     subject to subsection (7) below, the date on which the [persons] ceased to cohabit;

(b)     the date of service of the summons in the action for divorce [or for dissolution of the civil partnership].

[(3A)     In its application to property

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