The Family Law (Scotland) Act Turns 40: Is It Still Fit for Modern Families?

This year, the Family Law (Scotland) Act 1985 celebrates its fortieth anniversary. As a foundational piece of legislation that continues to shape how couples separating in Scotland settle financial matters, we’re looking at whether the Act is still relevant four decades on.

A Groundbreaking Act for its Time

When the Act was introduced in 1985, it was widely regarded as a landmark moment, replacing a discretionary approach to the division of assets in divorce with a more structured statutory framework. For the first time, the law introduced the concept of matrimonial property and set out principles based on fairness and equality between spouses and – later on – civil partners.

Notably, it also recognised financial advantages and disadvantages, as well as the economic burden of childcare.

What the Act Got Right

In a legal landscape traditionally based on judicial discretion, these ideas of statutory fairness and equality that the Act introduced were quite progressive, and continue to stand the test of time in many ways.

Indeed, by focusing on fairness as the guide for financial divisions and provisions in divorce, the Act still allows for an element of nuance and discretion. This can be beneficial in cases where, for example, one spouse has sacrificed their career for childcare, or where one partner brought significant assets to the marriage.

In practice, this means that the Act provides a structured – yet still flexible – legal framework for settling financial disputes in divorce.

Where the Act Shows Its Age

That said, four decades is a long time in social terms, and the Scottish family landscape in 2025 looks quite different from that of 1985.

• Cohabitation is on the rise: More Scottish couples are choosing to live together without getting married. Cohabitants, however, remain significantly less protected legally and financially when separating as compared to married couples or civil partners.


• Assets are more nuanced: Modern assets such as cryptocurrency and pensions, as well as digital businesses and investments, make identifying and dividing matrimonial property more complex.


• Changing gender and family roles: With the steady rise in dual-income households, blended families, and shared parenting arrangements, the current reality of dependency and economic disadvantages look quite different from the context on which the Act was originally based.

Our Takeaway

Every day at Johnson Legal Family Law, we work with the principles laid out by the 1985 Act. Over the last forty years, its groundwork has not only provided stability and fairness, it has also allowed us as lawyers to provide advice more simply and quickly. Nevertheless, as the years go by, it becomes increasingly apparent that society and family lives have changed significantly since 1985, making us question whether reform may be needed to keep up with modern complexities.