Carrick v Khamzhueva or Carrick [2008] ScotCS CSOH_122 (26 August 2008)

Carrick v Khamzhueva or Carrick [2008] ScotCS CSOH_122 (26 August 2008)

The court found that the parties ceased to cohabit as husband and wife in December 2005, which is the relevant date for division of matrimonial property under section 10(3) of the Family Law (Scotland) Act 1985. The defender's arguments for a later date were rejected as inconsistent with the facts and the mental attitude of the parties. The court accepted the pursuer's evidence regarding the extent and value of matrimonial property, finding no evidence of hidden assets. The defender was awarded a fair share of matrimonial property as of December 2005, but no ongoing periodical allowance was justified as she was capable of self-support and the marriage was short.

Citation
[2008] ScotCS CSOH_122
Parties
Pursuer: Colin James Carrick; Defender: Inessa Zaurovna Khamzhueva or Carrick
Jurisdiction
Scotland
Judgment Date
26 August 2008
Procedural Posture
Divorce Action / Proof (trial) and Final Judgment
Outcome
Decree of divorce granted; financial provision ordered as per findings; no periodical allowance awarded.
Legal Topics
Divorce, Financial Provision on Divorce, Matrimonial Property, Aliment (maintenance), Relevant Date of Separation
Family Law Divorce Financial Provision on Divorce Matrimonial Property Aliment (maintenance) Relevant Date of Separation

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Parties

Colin James Carrick

Pursuer

Inessa Zaurovna Khamzhueva or Carrick

Defender

Procedural Posture

Divorce Action / Proof (trial) and Final Judgment

Legal Issues

  1. 1 Whether the marriage had broken down irretrievably for the purposes of divorce
  2. 2 What is the relevant date of cessation of cohabitation for financial provision under the Family Law (Scotland) Act 1985
  3. 3 What constitutes matrimonial property and its division

Ratio Decidendi

The court found that the parties ceased to cohabit as husband and wife in December 2005, which is the relevant date for division of matrimonial property under section 10(3) of the Family Law (Scotland) Act 1985. The defender's arguments for a later date were rejected as inconsistent with the facts and the mental attitude of the parties. The court accepted the pursuer's evidence regarding the extent and value of matrimonial property, finding no evidence of hidden assets. The defender was awarded a fair share of matrimonial property as of December 2005, but no ongoing periodical allowance was justified as she was capable of self-support and the marriage was short.

Court Disposition

Decree of divorce granted; financial provision ordered as per findings; no periodical allowance awarded.

Orders

  • Decree of divorce pronounced in favour of the pursuer.
  • Relevant date for division of matrimonial property fixed as December 2005.