J.R. v. A.R. [2012] ScotSC 107 (20 November 2012)

J.R. v. A.R. [2012] ScotSC 107 (20 November 2012)

The marriage had broken down irretrievably due to the Defender's behaviour. The children, being of sufficient age and maturity, consistently expressed a wish to reside with the Pursuer, and the evidence showed a closer relationship with him and ongoing conflict with the Defender. It was in the best interests of the children to grant a residence order in favour of the Pursuer and a contact order in favour of the Defender. The net matrimonial property should be divided equally, with pension sharing orders and a capital payment to achieve fairness, as neither party could buy out the other's interest in the matrimonial home.

Citation
[2012] ScotSC 107
Parties
Pursuer: JR; Defender: AR
Jurisdiction
Scotland
Judgment Date
20 November 2012
Procedural Posture
Divorce and Ancillary Relief / Final Judgment After Proof
Outcome
Decree of divorce granted; residence order in favour of Pursuer; contact order in favour of Defender; equal division of net matrimonial property with pension sharing and capital payment orders; expenses reserved.
Legal Topics
Divorce, Child Residence, Child Contact, Division of Matrimonial Property, Pension Sharing, Incidental Orders
Family Law Divorce Child Residence Child Contact Division of Matrimonial Property Pension Sharing Incidental Orders

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Parties

JR

Pursuer

AR

Defender

Procedural Posture

Divorce and Ancillary Relief / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably by reason of the Defender's behaviour
  2. 2 With whom the children should reside and what contact arrangements should be made
  3. 3 How the matrimonial property should be divided, including pension sharing and incidental orders

Ratio Decidendi

The marriage had broken down irretrievably due to the Defender's behaviour. The children, being of sufficient age and maturity, consistently expressed a wish to reside with the Pursuer, and the evidence showed a closer relationship with him and ongoing conflict with the Defender. It was in the best interests of the children to grant a residence order in favour of the Pursuer and a contact order in favour of the Defender. The net matrimonial property should be divided equally, with pension sharing orders and a capital payment to achieve fairness, as neither party could buy out the other's interest in the matrimonial home.

Court Disposition

Decree of divorce granted; residence order in favour of Pursuer; contact order in favour of Defender; equal division of net matrimonial property with pension sharing and capital payment orders; expenses reserved.

Orders

  • Divorce granted dissolving the marriage of the parties.
  • Residence order: children to reside with the Pursuer.