JOHN MARTIN HALES, residing at Flat 1/3, 437 Duke Street, Glasgow, G31 1RY v. JEAN GRAY TEIRNEY OR HALES, residing at 67 Carntyne Place, Glasgow, G32 6JW [2012] ScotSC 63 (16 May 2012)

JOHN MARTIN HALES, residing at Flat 1/3, 437 Duke Street, Glasgow, G31 1RY v. JEAN GRAY TEIRNEY OR HALES, residing at 67 Carntyne Place, Glasgow, G32 6JW [2012] ScotSC 63 (16 May 2012)

The marriage has broken down irretrievably by non-cohabitation for over two years. The net matrimonial property should be shared equally. The defender must pay the pursuer a capital sum of £11,812.47, justified by the statutory principles and reasonable given the resources of both parties. However, due to the defender's health and treatment, the order for sale of the property and payment of the capital sum is deferred for up to 18 months.

Citation
[2012] ScotSC 63
Parties
Pursuer: John Martin Hales; Defender: Jean Gray Teirney or Hales
Jurisdiction
Scotland
Judgment Date
16 May 2012
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; order for payment of capital sum; order for sale of property deferred.
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Capital Sum, Order for Sale of Property
Family Law Divorce Matrimonial Property Financial Provision Capital Sum Order for Sale of Property

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Parties

John Martin Hales

Pursuer

Jean Gray Teirney or Hales

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 non-cohabitation for over two years
  2. 2 Whether the pursuer is entitled to an equal share of the net matrimonial property
  3. 3 Whether an order for payment of a capital sum and sale of the matrimonial home is justified and reasonable having regard to the parties' resources

Ratio Decidendi

The marriage has broken down irretrievably by non-cohabitation for over two years. The net matrimonial property should be shared equally. The defender must pay the pursuer a capital sum of £11,812.47, justified by the statutory principles and reasonable given the resources of both parties. However, due to the defender's health and treatment, the order for sale of the property and payment of the capital sum is deferred for up to 18 months.

Court Disposition

Decree of divorce granted; order for payment of capital sum; order for sale of property deferred.

Orders

  • Decree of divorce granted divorcing the defender from the pursuer.
  • Order for payment by the defender to the pursuer of a capital sum of £11,812.47 with interest at 8% per annum from the date of decree until payment.