Lee Victor Maybury or Brodie v Ewan Morris Brodie (Sheriff Court Civil) [2026] SCLIV 48 (04 April 2026)

Lee Victor Maybury or Brodie v Ewan Morris Brodie (Sheriff Court Civil) [2026] SCLIV 48 (04 April 2026)

On the balance of probabilities, the parties had separated by August 2022, shortly after the defender's sister moved into the property, marking a significant shift in the relationship dynamic. Neither party's pled date of separation was accepted; the court found 1 August 2022 to be the relevant date for financial settlement purposes.

Citation
[2026] SCLIV 48
Parties
Pursuer: Lee Victor Maybury or Brodie; Defender: Ewan Morris Brodie
Jurisdiction
Scotland
Judgment Date
04 April 2026
Procedural Posture
Civil Partnership Dissolution / Preliminary Proof on Date of Separation
Outcome
Finds and declares that the relevant date for the purposes of section 10(3) of the Family Law (Scotland) Act 1985 is 1 August 2022.
Legal Topics
Civil Partnership Dissolution, Date of Separation, Financial Provision, Relevant Date Under Family Law (scotland) Act 1985
Family Law Civil Partnership Dissolution Date of Separation Financial Provision Relevant Date Under Family Law (scotland) Act 1985

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Parties

Lee Victor Maybury or Brodie

Pursuer

Ewan Morris Brodie

Defender

Procedural Posture

Civil Partnership Dissolution / Preliminary Proof on Date of Separation

Legal Issues

  1. 1 What is the relevant date of separation for the purposes of financial settlement under section 10(3) of the Family Law (Scotland) Act 1985?
  2. 2 Whether the pursuer or defender's claimed date of separation should be accepted

Ratio Decidendi

On the balance of probabilities, the parties had separated by August 2022, shortly after the defender's sister moved into the property, marking a significant shift in the relationship dynamic. Neither party's pled date of separation was accepted; the court found 1 August 2022 to be the relevant date for financial settlement purposes.

Court Disposition

Finds and declares that the relevant date for the purposes of section 10(3) of the Family Law (Scotland) Act 1985 is 1 August 2022.

Orders

  • A procedural hearing to be fixed to determine further procedure in respect of any financial orders still to be sought.