D.C. v. R.C. [2013] ScotSC 39 (23 May 2013)

D.C. v. R.C. [2013] ScotSC 39 (23 May 2013)

Equal sharing of matrimonial property is fair in the circumstances, and in the absence of a properly craved pension sharing order, each party should retain their own pension entitlements with the remaining assets divided to achieve equality. The late amendment to introduce a pension sharing crave was refused due to lateness, potential delay, and lack of necessity for justice.

Citation
[2013] ScotSC 39
Parties
Pursuer: DGR; Defender: RIC
Jurisdiction
Scotland
Judgment Date
23 May 2013
Procedural Posture
Divorce and Division of Matrimonial Property / Final Judgment After Proof
Outcome
Decree of divorce granted; division of matrimonial property ordered as specified; amendment for pension sharing order refused.
Legal Topics
Divorce, Division of Matrimonial Property, Pension Sharing, Equal Sharing Principle
Family Law Divorce Division of Matrimonial Property Pension Sharing Equal Sharing Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 16
Sign in to unlock

Parties

DGR

Pursuer

RIC

Defender

Procedural Posture

Divorce and Division of Matrimonial Property / Final Judgment After Proof

Legal Issues

  1. 1 Whether a pension sharing order should be made to achieve fair sharing of matrimonial property
  2. 2 Whether equal sharing of matrimonial property is appropriate
  3. 3 Whether amendment to allow a late crave for a pension sharing order should be permitted

Ratio Decidendi

Equal sharing of matrimonial property is fair in the circumstances, and in the absence of a properly craved pension sharing order, each party should retain their own pension entitlements with the remaining assets divided to achieve equality. The late amendment to introduce a pension sharing crave was refused due to lateness, potential delay, and lack of necessity for justice.

Court Disposition

Decree of divorce granted; division of matrimonial property ordered as specified; amendment for pension sharing order refused.

Orders

  • Divorces the defender from the pursuer.
  • Orders equal division of sums at credit in joint accounts as at date of proof.