White or Haugan v. Haugan [2002] ScotCS 331 (12 June 2002)

White or Haugan v. Haugan [2002] ScotCS 331 (12 June 2002)

There has been a material change of circumstances affecting the defender's financial position since the original order, but not of such an order as to warrant reducing the periodical allowance to nil. A reduction from £1,000 to £500 per month is reasonable, backdated to 12 February 1997.

Citation
[2002] ScotCS 331
Parties
Pursuer and Respondent: Kathleen Morag White or Haugan; Defender and Reclaimer: Odd Haugan
Jurisdiction
Scotland
Judgment Date
12 June 2002
Procedural Posture
Reclaiming Motion in Divorce Proceedings / Appeal and Variation of Periodical Allowance
Outcome
Reclaiming motion refused; periodical allowance varied.
Legal Topics
Divorce, Financial Provision, Periodical Allowance, Variation of Orders
Family Law Divorce Financial Provision Periodical Allowance Variation of Orders

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Parties

Kathleen Morag White or Haugan

Pursuer and Respondent

Odd Haugan

Defender and Reclaimer

Procedural Posture

Reclaiming Motion in Divorce Proceedings / Appeal and Variation of Periodical Allowance

Legal Issues

  1. 1 Whether there has been a material change of circumstances justifying variation of periodical allowance
  2. 2 Interpretation of section 9(1)(e) of the Family Law (Scotland) Act 1985 regarding financial hardship resulting from divorce

Ratio Decidendi

There has been a material change of circumstances affecting the defender's financial position since the original order, but not of such an order as to warrant reducing the periodical allowance to nil. A reduction from £1,000 to £500 per month is reasonable, backdated to 12 February 1997.

Court Disposition

Reclaiming motion refused; periodical allowance varied.

Orders

  • Reduce periodical allowance from £1,000 to £500 per month, backdated to 12 February 1997.
  • Remit to temporary judge to vary the order accordingly.