Chisholm Or Gray v Gray [1999] ScotCS 236 (13 October 1999)

Chisholm Or Gray v Gray [1999] ScotCS 236 (13 October 1999)

Although there has been a change of circumstances since the original award, including both parties' retirement and changes in income, the pursuer remains dependent on the periodical allowance due to her age, ill health, and lack of employment prospects. The defender's means, including capital and income, remain stronger than the pursuer's. Termination or reduction of the allowance would force the pursuer to sell her home and is not justified on the evidence. The periodical allowance should continue at the existing rate of £110 per week.

Citation
[1999] ScotCS 236
Parties
Pursuer: Elizabeth Catherine Chisholm or Gray; Defender: James Alexander Gray
Jurisdiction
Scotland
Judgment Date
13 October 1999
Procedural Posture
Minute for Variation of Periodical Allowance in Divorce Proceedings / Judgment on Application to Vary Periodical Allowance
Outcome
Application to vary periodical allowance refused.
Legal Topics
Divorce, Periodical Allowance, Variation of Maintenance Orders, Financial Provision on Divorce
Family Law Divorce Periodical Allowance Variation of Maintenance Orders Financial Provision on Divorce

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Parties

Elizabeth Catherine Chisholm or Gray

Pursuer

James Alexander Gray

Defender

Procedural Posture

Minute for Variation of Periodical Allowance in Divorce Proceedings / Judgment on Application to Vary Periodical Allowance

Legal Issues

  1. 1 Whether there has been a relevant change of circumstances justifying variation of periodical allowance under section 5(4) of the Divorce (Scotland) Act 1976
  2. 2 Whether the periodical allowance should be terminated, reduced, or time-limited in light of the parties' current means and circumstances

Ratio Decidendi

Although there has been a change of circumstances since the original award, including both parties' retirement and changes in income, the pursuer remains dependent on the periodical allowance due to her age, ill health, and lack of employment prospects. The defender's means, including capital and income, remain stronger than the pursuer's. Termination or reduction of the allowance would force the pursuer to sell her home and is not justified on the evidence. The periodical allowance should continue at the existing rate of £110 per week.

Court Disposition

Application to vary periodical allowance refused.

Orders

  • Repel the second plea-in-law stated in the defender's Minute.
  • Refuse the crave of the Minute.