S.D. or S. v P.C.S. [2002] ScotCS 273 (15 October 2002)

S.D. or S. v P.C.S. [2002] ScotCS 273 (15 October 2002)

Capital gains tax must be deducted in valuing realisable assets for division of matrimonial property. The defender's pre-marriage efforts in building the business warrant a modest adjustment, resulting in the pursuer receiving 48% of the net value of the business interests. The pursuer is entitled to a capital sum of £744,784 and a periodical allowance of £4,000 per month for one year. An order for contact between the defender and the youngest child is appropriate.

Citation
[2002] ScotCS 273
Parties
Pursuer: S. D. or S.; Defender: P. C. S.
Jurisdiction
Scotland
Judgment Date
15 October 2002
Procedural Posture
Divorce Action / Final Judgment After Proof
Outcome
Decree of divorce granted. Order for payment of capital sum and periodical allowance. Order for contact with child.
Legal Topics
Division of Matrimonial Property, Capital Gains Tax in Asset Valuation, Periodical Allowance, Contact With Children, Special Circumstances in Property Division
Family Law Division of Matrimonial Property Capital Gains Tax in Asset Valuation Periodical Allowance Contact With Children Special Circumstances in Property Division

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Parties

S. D. or S.

Pursuer

P. C. S.

Defender

Procedural Posture

Divorce Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether capital gains tax should be deducted in valuing matrimonial property for division
  2. 2 Proper valuation and division of business interests acquired before and during marriage
  3. 3 Whether special circumstances justify unequal sharing of matrimonial property

Ratio Decidendi

Capital gains tax must be deducted in valuing realisable assets for division of matrimonial property. The defender's pre-marriage efforts in building the business warrant a modest adjustment, resulting in the pursuer receiving 48% of the net value of the business interests. The pursuer is entitled to a capital sum of £744,784 and a periodical allowance of £4,000 per month for one year. An order for contact between the defender and the youngest child is appropriate.

Court Disposition

Decree of divorce granted. Order for payment of capital sum and periodical allowance. Order for contact with child.

Orders

  • Payment by defender to pursuer of capital sum of £744,784 (rounded), £350,000 payable immediately, balance to be determined by further order.
  • Payment by defender to pursuer of periodical allowance of £4,000 per month for one year following decree of divorce.