Robertson Or Cunningham v Cunningham [2000] ScotCS 274 (3 November 2000)

Robertson Or Cunningham v Cunningham [2000] ScotCS 274 (3 November 2000)

Decree of divorce was granted as the marriage had broken down irretrievably due to the defender's behaviour. Permanent interdict was refused as there was no sufficient objective basis for apprehension of future molestation. A residence order was made for the younger child to reside with the pursuer, as it was in the child's best interests and would provide certainty. The matrimonial home was ordered to be sold and proceeds divided equally. The division of other matrimonial property took account of inherited assets, with certain deductions, resulting in a capital sum award to the pursuer. The defender was ordered to pay school fees and half of additional educational expenses.

Citation
[2000] ScotCS 274
Parties
Pursuer: Linda Mary Robertson or Cunningham; Defender: Nicholas George Cunningham
Jurisdiction
Scotland
Judgment Date
03 November 2000
Procedural Posture
Divorce and Ancillary Relief / Final Judgment After Proof
Outcome
Decree of divorce granted; permanent interdict refused; residence order granted; order for sale and equal division of matrimonial home; order for payment of school fees and half of additional educational expenses; capital sum awarded to pursuer; expenses reserved; case put out By Order for submissions on time to pay...
Legal Topics
Divorce, Residence Order, Financial Provision, Interdict, Matrimonial Property, School Fees
Family Law Property Law Divorce Residence Order Financial Provision Interdict Matrimonial Property School Fees

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Parties

Linda Mary Robertson or Cunningham

Pursuer

Nicholas George Cunningham

Defender

Procedural Posture

Divorce and Ancillary Relief / Final Judgment After Proof

Legal Issues

  1. 1 Whether decree of divorce should be granted on grounds of irretrievable breakdown due to defender's behaviour
  2. 2 Whether permanent interdict against molestation should be granted
  3. 3 Whether a residence order in respect of the younger child should be made

Ratio Decidendi

Decree of divorce was granted as the marriage had broken down irretrievably due to the defender's behaviour. Permanent interdict was refused as there was no sufficient objective basis for apprehension of future molestation. A residence order was made for the younger child to reside with the pursuer, as it was in the child's best interests and would provide certainty. The matrimonial home was ordered to be sold and proceeds divided equally. The division of other matrimonial property took account of inherited assets, with certain deductions, resulting in a capital sum award to the pursuer. The defender was ordered to pay school fees and half of additional educational expenses.

Court Disposition

Decree of divorce granted; permanent interdict refused; residence order granted; order for sale and equal division of matrimonial home; order for payment of school fees and half of additional educational expenses; capital sum awarded to pursuer; expenses reserved; case put out By Order for submissions on time to pay...

Orders

  • Decree of divorce granted in favour of pursuer
  • Permanent interdict against molestation refused