Hutchison Or McAdam v McAdam [1999] ScotCS 284 (30 November 1999)

Hutchison Or McAdam v McAdam [1999] ScotCS 284 (30 November 1999)

The marriage had broken down irretrievably due to the defender's conduct. The pursuer was entitled to custody of the youngest child. The only fair way to compensate the pursuer for her share of matrimonial property, given the defender's dissipation of assets and lack of candour, was to award her a capital sum of £15,000 from the defender's available funds and a periodical allowance of £200 per month for three years.

Citation
[1999] ScotCS 284
Parties
Pursuer: Mrs Linda Jane Hutchison or McAdam; Defender: Morrison McAdam
Jurisdiction
Scotland
Judgment Date
30 November 1999
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; custody of youngest child to pursuer; financial provision ordered.
Legal Topics
Divorce, Custody, Financial Provision, Matrimonial Property, Periodical Allowance
Family Law Divorce Custody Financial Provision Matrimonial Property Periodical Allowance

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Parties

Mrs Linda Jane Hutchison or McAdam

Pursuer

Morrison McAdam

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably by reason of the defender's conduct
  2. 2 Whether the pursuer should be granted custody of the youngest child
  3. 3 What is the appropriate financial provision for the pursuer, including capital sum and periodical allowance

Ratio Decidendi

The marriage had broken down irretrievably due to the defender's conduct. The pursuer was entitled to custody of the youngest child. The only fair way to compensate the pursuer for her share of matrimonial property, given the defender's dissipation of assets and lack of candour, was to award her a capital sum of £15,000 from the defender's available funds and a periodical allowance of £200 per month for three years.

Court Disposition

Decree of divorce granted; custody of youngest child to pursuer; financial provision ordered.

Orders

  • Decree of divorce pronounced.
  • Custody of Gregor John McAdam granted to pursuer.