16 Agreements on financial provision
Family Law (Scotland) Act 1985 (1985 c 37) | Legislation

16  Agreements on financial provision

(1)     Where the parties to a marriage [or the partners in a civil partnership] have entered into an agreement as to financial provision to be made on divorce [or on dissolution of the civil partnership], the court may make an order setting aside or varying—

(a)     any term of the agreement relating to a periodical allowance where the agreement expressly provides for the subsequent setting aside or variation by the court of that term; or

(b)     the agreement or any term of it where the agreement was not fair and reasonable at the time it was entered into.

(2)     The court may make an order—

(a)     under subsection (1)(a) above at any time after granting decree of divorce [or of dissolution of the civil partnership]; and

[(b)     under subsection (1)(b) above, if the agreement [contains neither a term relating to pension sharing nor a term relating to pension compensation sharing], on granting decree of divorce [or of dissolution of the civil partnership] or within such time as the court may specify on granting decree of divorce [or of dissolution of the civil partnership]; or

(c)

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