Murray v. Scott [2005] ScotSC 65 (05 October 2005)

Murray v. Scott [2005] ScotSC 65 (05 October 2005)

There were no special circumstances to justify departure from equal sharing of matrimonial property. The needs of the children to remain in the matrimonial home justified transfer of the Defender's interest in the home and associated policies to the Pursuer, with a pension sharing order to achieve a 50/50 split. No contact order was made for Andrew Scott due to his loss of trust in the Defender and his clear wishes.

Citation
[2005] ScotSC 65
Parties
Pursuer: Shereldene Lynn Murray or Scott; Defender: Christopher Scott
Jurisdiction
Scotland
Judgment Date
05 October 2005
Procedural Posture
Divorce With Ancillary Financial and Child Contact Orders / Judgment After Proof
Outcome
Decree of divorce granted; transfer of Defender's interest in matrimonial home and policies to Pursuer; pension sharing order in favour of Pursuer; no contact order for Andrew Scott; expenses reserved.
Legal Topics
Divorce, Division of Matrimonial Property, Pension Sharing, Child Contact, Financial Provision
Family Law Divorce Division of Matrimonial Property Pension Sharing Child Contact Financial Provision

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Parties

Shereldene Lynn Murray or Scott

Pursuer

Christopher Scott

Defender

Procedural Posture

Divorce With Ancillary Financial and Child Contact Orders / Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 Whether special circumstances exist to depart from equal sharing of matrimonial property
  3. 3 Whether a contact order should be made for the child Andrew Scott

Ratio Decidendi

There were no special circumstances to justify departure from equal sharing of matrimonial property. The needs of the children to remain in the matrimonial home justified transfer of the Defender's interest in the home and associated policies to the Pursuer, with a pension sharing order to achieve a 50/50 split. No contact order was made for Andrew Scott due to his loss of trust in the Defender and his clear wishes.

Court Disposition

Decree of divorce granted; transfer of Defender's interest in matrimonial home and policies to Pursuer; pension sharing order in favour of Pursuer; no contact order for Andrew Scott; expenses reserved.

Orders

  • Divorces the Pursuer from the Defender.
  • Orders transfer of Defender's right, title and interest in the matrimonial home at 4 Prospecthill Road, Saltcoats and its contents to the Pursuer.