The Family Law (Scotland) Act 1985 at 40

It is now almost 40 years since the Scottish system for financial provision came into effect, and it is 10 years since the publication of the report Built to Last, which presented findings from research into the operation in practice of the Act and how it was perceived by the legal professionals who used it. While in the findings of that research, the statute itself was thought to be structurally sound, there were some signs of frustration at the underdevelopment of aspects of it and something of a rallying call to practitioners—in all roles—to be more ‘creative’. This article revisits key findings from Built to Last and, using case law from the intervening decade, assesses the extent to which there is any evidence of such creativity and change

Creativity · Family law · Key (lock) · Statute · Underdevelopment · Discrimination and Equality Law · Healthcare innovation and challenges · Legal principles and applications