JOHN McQUEEN LIVIE v. ANN JOHNSEN NORRIE or LIVIE [1999] ScotSC 20 (8th July, 1999)

JOHN McQUEEN LIVIE v. ANN JOHNSEN NORRIE or LIVIE [1999] ScotSC 20 (8th July, 1999)

The marriage had broken down irretrievably due to non-cohabitation for over five years. Matrimonial property must be valued and divided as at the relevant date, with no account taken of increases in value thereafter. Equal sharing is appropriate, and the pursuer is entitled to a capital payment reflecting his share, offset by his retention of the car. No interest is awarded on the capital sum, and no further capital payment or compensation is due to the defender. The pursuer must transfer his interests in the matrimonial home and endowment policies to the defender, who must pay the capital sum to the pursuer.

Citation
[1999] ScotSC 20
Parties
Pursuer: John McQueen Livie; Defender: Ann Johnsen Norrie or Livie
Jurisdiction
Scotland
Procedural Posture
Divorce and Financial Provision / Final Judgment
Outcome
Decree of divorce granted; capital payment ordered; property transfers ordered; no further capital payment to defender; interest on capital sum from date of transfer if unpaid.
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Child Welfare
Family Law Divorce Matrimonial Property Financial Provision Child Welfare

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Parties

John McQueen Livie

Pursuer

Ann Johnsen Norrie or Livie

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably by reason of non-cohabitation for over five years
  2. 2 How matrimonial property should be valued and divided
  3. 3 Whether increases in value of matrimonial property after the relevant date should be shared

Ratio Decidendi

The marriage had broken down irretrievably due to non-cohabitation for over five years. Matrimonial property must be valued and divided as at the relevant date, with no account taken of increases in value thereafter. Equal sharing is appropriate, and the pursuer is entitled to a capital payment reflecting his share, offset by his retention of the car. No interest is awarded on the capital sum, and no further capital payment or compensation is due to the defender. The pursuer must transfer his interests in the matrimonial home and endowment policies to the defender, who must pay the capital sum to the pursuer.

Court Disposition

Decree of divorce granted; capital payment ordered; property transfers ordered; no further capital payment to defender; interest on capital sum from date of transfer if unpaid.

Orders

  • Decree of divorce granted on ground of irretrievable breakdown by non-cohabitation over five years.
  • Defender to pay pursuer £6,156.71 within fourteen days of transfer of assets, with interest at 8% per annum from due date until payment.