Helkimo Or Kennett Or Robertson v Robertson [1999] ScotCS 292 (7 December 1999)

Helkimo Or Kennett Or Robertson v Robertson [1999] ScotCS 292 (7 December 1999)

The court held that the fact that the great bulk of the matrimonial property derived from assets inherited or gifted to the defender constituted a special circumstance justifying a departure from equal sharing. However, due weight was also given to the pursuer's economic disadvantage and contributions. Exercising judicial discretion, the court awarded the pursuer a capital sum of £380,000 as fair sharing of the matrimonial property.

Citation
[1999] ScotCS 292
Parties
Pursuer: Imra Elina Helkimo or Kennett or Robertson; Defender: David Callum Robertson
Jurisdiction
Scotland
Judgment Date
07 December 1999
Procedural Posture
Divorce and Financial Provision / Judgment After Proof (trial)
Outcome
Decree of divorce granted; residence orders made for children; capital sum awarded to pursuer.
Legal Topics
Divorce, Financial Provision, Matrimonial Property, Child Residence, Parental Rights
Family Law Divorce Financial Provision Matrimonial Property Child Residence Parental Rights

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Parties

Imra Elina Helkimo or Kennett or Robertson

Pursuer

David Callum Robertson

Defender

Procedural Posture

Divorce and Financial Provision / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether special circumstances justify departure from equal sharing of matrimonial property under the Family Law (Scotland) Act 1985
  2. 2 Assessment of economic advantage/disadvantage and financial provision for the pursuer

Ratio Decidendi

The court held that the fact that the great bulk of the matrimonial property derived from assets inherited or gifted to the defender constituted a special circumstance justifying a departure from equal sharing. However, due weight was also given to the pursuer's economic disadvantage and contributions. Exercising judicial discretion, the court awarded the pursuer a capital sum of £380,000 as fair sharing of the matrimonial property.

Court Disposition

Decree of divorce granted; residence orders made for children; capital sum awarded to pursuer.

Orders

  • Decree of divorce granted.
  • Residence order: Lotta and Ogilvie to reside with pursuer; Hamish to reside with defender.