Section 12A | [ Orders For Payment Of Capital Sum: Pensions Lump Sums] | Family Law Scotland Act 1985 C37

[12A Orders for payment of capital sum: pensions lump sums]

Family Law (Scotland) Act 1985 (1985 c 37) | Legislation

[12A Orders for payment of capital sum: pensions lump sums]

[(1) This section applies where the court makes an order under section 8(2) of this Act for payment of a capital sum (a “capital sum order”) by a party to the marriage [or a partner in a civil partnership (“the liable person”)] in circumstances where—

(a) the matrimonial property [or the partnership property] within the meaning of section 10 of this Act includes any rights or interests in benefits under a pension [arrangement] which the liable [person] has or may have (whether such benefits are payable to him or in respect of his death); and

(b) those benefits include a lump sum payable to him or in respect of his death.

(2) Where the benefits referred to in subsection (1) above include a lump sum payable to the liable [person], the court, on making the capital sum order, may make an order requiring the [person responsible for the pension arrangement] in question to pay the whole or part of that sum, when it becomes due, to the other party to the marriage [or as the case may be to the other partner (“the other person”)].

(3) Where the benefits referred