Tease v. Galloway, [2002] ScotCS 315 (12 December 2002)

Tease v. Galloway, [2002] ScotCS 315 (12 December 2002)

The court found the marriage had irretrievably broken down and that equal sharing of matrimonial property required a further sum to the pursuer, best provided by a pension sharing order. An enhanced pension sharing order was justified to redress economic disadvantage suffered by the pursuer. A periodical allowance of £1,000 per month until the pursuer's 60th birthday (or earlier on death or remarriage) was appropriate due to manifest income disparity and the pursuer's inability to realise her shares or access pension immediately, but subject to reduction if her circumstances changed materially.

Citation
[2002] ScotCS 315
Parties
Pursuer: Jean Elliot Bain Tease or Galloway; Defender: John Scott Galloway
Jurisdiction
Scotland
Judgment Date
12 December 2002
Procedural Posture
Divorce Action With Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; pension sharing order and periodical allowance awarded.
Legal Topics
Divorce, Financial Provision, Pension Sharing, Periodical Allowance, Matrimonial Property
Family Law Divorce Financial Provision Pension Sharing Periodical Allowance Matrimonial Property

Case Brief

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Parties

Jean Elliot Bain Tease or Galloway

Pursuer

John Scott Galloway

Defender

Procedural Posture

Divorce Action With Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to a divorce and financial provision including a capital sum, pension sharing order, and periodical allowance; determination of the appropriate amount and method of financial provision under the Family Law (Scotland) Act 1985

Ratio Decidendi

The court found the marriage had irretrievably broken down and that equal sharing of matrimonial property required a further sum to the pursuer, best provided by a pension sharing order. An enhanced pension sharing order was justified to redress economic disadvantage suffered by the pursuer. A periodical allowance of £1,000 per month until the pursuer's 60th birthday (or earlier on death or remarriage) was appropriate due to manifest income disparity and the pursuer's inability to realise her shares or access pension immediately, but subject to reduction if her circumstances changed materially.

Court Disposition

Decree of divorce granted; pension sharing order and periodical allowance awarded.

Orders

  • Decree of divorce granted.
  • Order for transfer of pension rights in the sum of £123,842.92 to the pursuer.