Woodhouse v. Mooney [2006] ScotSC 42 (21 April 2006)

Woodhouse v. Mooney [2006] ScotSC 42 (21 April 2006)

The marriage had broken down irretrievably with no prospect of reconciliation, justifying decree of divorce. The Pursuer had not concealed assets or income. Special circumstances justified exclusion of £180,115.66 (proceeds and interest from pre-marital property) from matrimonial property, but not the subsequent increase in value. The fairest division was by capital payment to the Defender rather than transfer of the matrimonial home. Periodical allowance was appropriate for a limited period to allow the Defender to readjust. Contact arrangements for the children were best left to the parties without a formal order.

Citation
[2006] ScotSC 42
Parties
Pursuer: Robert Boam Woodhouse; Defender: Deborah Noyan Mooney or Woodhouse
Jurisdiction
Scotland
Judgment Date
21 April 2006
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof and Submissions
Outcome
Decree of divorce granted; capital payment and periodical allowance ordered; school fees ordered; no formal contact order made.
Legal Topics
Divorce, Division of Matrimonial Property, Financial Provision on Divorce, Contact With Children, Periodical Allowance, Special Circumstances in Property Division
Family Law Divorce Division of Matrimonial Property Financial Provision on Divorce Contact With Children Periodical Allowance Special Circumstances in Property Division

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Parties

Robert Boam Woodhouse

Pursuer

Deborah Noyan Mooney or Woodhouse

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof and Submissions

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably and divorce should be granted
  2. 2 How matrimonial property should be divided, including application of 'special circumstances' under s.10(6)(b) Family Law (Scotland) Act 1985
  3. 3 Whether the Pursuer has undisclosed assets or income

Ratio Decidendi

The marriage had broken down irretrievably with no prospect of reconciliation, justifying decree of divorce. The Pursuer had not concealed assets or income. Special circumstances justified exclusion of £180,115.66 (proceeds and interest from pre-marital property) from matrimonial property, but not the subsequent increase in value. The fairest division was by capital payment to the Defender rather than transfer of the matrimonial home. Periodical allowance was appropriate for a limited period to allow the Defender to readjust. Contact arrangements for the children were best left to the parties without a formal order.

Court Disposition

Decree of divorce granted; capital payment and periodical allowance ordered; school fees ordered; no formal contact order made.

Orders

  • Divorces the Pursuer from the Defender.
  • Ordains the Pursuer to make a capital payment to the Defender of £316,580.00 with interest at 8% per annum from date of decree until payment.