RUTH McDONALD MARTIN OR GRAY v. ANDREW DAVID GRAY [2001] ScotSC 14 (30th May, 2001)

RUTH McDONALD MARTIN OR GRAY v. ANDREW DAVID GRAY [2001] ScotSC 14 (30th May, 2001)

Given the defender's failure to meet financial obligations, the source of the deposit, the pursuer's ongoing care of the children, and the need to avoid disruption to the children, special circumstances justify an unequal division of matrimonial property. The defender's interest in the house and specified insurance policies should be transferred to the pursuer, subject to lender consent.

Citation
[2001] ScotSC 14
Parties
Pursuer: Ruth McDonald Martin or Gray; Defender: Andrew David Gray
Jurisdiction
Scotland
Procedural Posture
Divorce Action / Judgment After Proof
Outcome
Decree of divorce granted; order for transfer of defender's interest in house and insurance policies to pursuer, subject to lender consent; cause continued for pursuer to obtain lender consent; all questions of expenses reserved.
Legal Topics
Divorce, Matrimonial Property Division, Child Maintenance, Transfer of Property, Financial Provision on Divorce
Family Law Property Law Divorce Matrimonial Property Division Child Maintenance Transfer of Property Financial Provision on Divorce

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Parties

Ruth McDonald Martin or Gray

Pursuer

Andrew David Gray

Defender

Procedural Posture

Divorce Action / Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 What constitutes fair sharing of matrimonial property
  3. 3 Whether special circumstances justify unequal division of property

Ratio Decidendi

Given the defender's failure to meet financial obligations, the source of the deposit, the pursuer's ongoing care of the children, and the need to avoid disruption to the children, special circumstances justify an unequal division of matrimonial property. The defender's interest in the house and specified insurance policies should be transferred to the pursuer, subject to lender consent.

Court Disposition

Decree of divorce granted; order for transfer of defender's interest in house and insurance policies to pursuer, subject to lender consent; cause continued for pursuer to obtain lender consent; all questions of expenses reserved.

Orders

  • Divorces the pursuer from the defender.
  • Grants pursuer's motion to continue cause to allow time to obtain Halifax plc's consent to transfer of defender's interest in 17 Clovis Duveau Drive, Dundee.