Houston v. Fraser [2004] ScotSC 10 (06 February 2004)

Houston v. Fraser [2004] ScotSC 10 (06 February 2004)

The marriage had broken down irretrievably due to the defender's adultery. While the pursuer was entitled to half the matrimonial property, the defender's resources did not permit payment of the full sum. The court awarded a capital sum of £150,000 to the pursuer, payable by an initial deposit and monthly instalments over 10 years, as this was reasonable and affordable for the defender given his age, health, and financial circumstances.

Citation
[2004] ScotSC 10
Parties
Pursuer: Lorna Ann McKelvie Houston or Fraser; Defender: Alexander Fernie Fraser
Jurisdiction
Scotland
Judgment Date
06 February 2004
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; capital sum awarded to pursuer; question of expenses reserved.
Legal Topics
Divorce, Financial Provision on Divorce, Division of Matrimonial Property, Adultery, Spousal Maintenance
Family Law Divorce Financial Provision on Divorce Division of Matrimonial Property Adultery Spousal Maintenance

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Parties

Lorna Ann McKelvie Houston or Fraser

Pursuer

Alexander Fernie Fraser

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably by reason of adultery
  2. 2 What financial orders should be made on divorce, including division of matrimonial property and capital sum payable to the pursuer

Ratio Decidendi

The marriage had broken down irretrievably due to the defender's adultery. While the pursuer was entitled to half the matrimonial property, the defender's resources did not permit payment of the full sum. The court awarded a capital sum of £150,000 to the pursuer, payable by an initial deposit and monthly instalments over 10 years, as this was reasonable and affordable for the defender given his age, health, and financial circumstances.

Court Disposition

Decree of divorce granted; capital sum awarded to pursuer; question of expenses reserved.

Orders

  • Decree of divorce granted to the pursuer on the ground of irretrievable breakdown by reason of defender's adultery.
  • Defender to pay pursuer a capital sum of £150,000, with £10,200 payable within 3 months and the balance of £139,800 by monthly instalments of £1,165 over 10 years, with interest at 8% per annum on late payments.