AM v. JW [2004] ScotCS 43 (24 February 2004)

AM v. JW [2004] ScotCS 43 (24 February 2004)

Decree of divorce granted as marriage irretrievably broken down. The defender's shareholding in Phoenix Honda Limited valued on an asset basis with a 40% discount and no deduction for hypothetical tax, as per recent appellate authority. The pursuer entitled to transfer of defender's interest in the matrimonial home due to special circumstances (children's welfare, settled home, practicalities). Capital sum and periodical allowance awarded based on fair sharing and parties' resources. No order for security as defender now forthcoming and no real risk of evasion.

Citation
[2004] ScotCS 43
Parties
Pursuer: A. M. or W.; Defender: J. W.
Jurisdiction
Scotland
Judgment Date
24 February 2004
Procedural Posture
Family Action (divorce and Financial Provision) / Judgment After Proof (trial)
Outcome
Decree of divorce granted; orders for financial provision pronounced.
Legal Topics
Divorce, Financial Provision on Divorce, Valuation of Matrimonial Property, Transfer of Property, Periodical Allowance, Shareholding Valuation
Family Law Divorce Financial Provision on Divorce Valuation of Matrimonial Property Transfer of Property Periodical Allowance Shareholding Valuation

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Parties

A. M. or W.

Pursuer

J. W.

Defender

Procedural Posture

Family Action (divorce and Financial Provision) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether decree of divorce should be granted
  2. 2 Proper valuation of defender's shareholding in Phoenix Honda Limited
  3. 3 Appropriate discount and tax treatment in share valuation

Ratio Decidendi

Decree of divorce granted as marriage irretrievably broken down. The defender's shareholding in Phoenix Honda Limited valued on an asset basis with a 40% discount and no deduction for hypothetical tax, as per recent appellate authority. The pursuer entitled to transfer of defender's interest in the matrimonial home due to special circumstances (children's welfare, settled home, practicalities). Capital sum and periodical allowance awarded based on fair sharing and parties' resources. No order for security as defender now forthcoming and no real risk of evasion.

Court Disposition

Decree of divorce granted; orders for financial provision pronounced.

Orders

  • Decree of divorce pronounced.
  • Defender ordered to transfer his interest in the matrimonial home to the pursuer.