C.K. v. B.K. [2013] ScotSC 45 (12 August 2013)

C.K. v. B.K. [2013] ScotSC 45 (12 August 2013)

The pursuer is entitled to decree of divorce due to the irretrievable breakdown of the marriage caused by the defender's unreasonable behaviour. The net value of matrimonial property, as far as ascertainable, should be shared equally, with adjustments for economic advantage/disadvantage. The pursuer is entitled to receive the funds consigned in court from the sale of the defender's flat, with no further capital sum awarded due to the relative resources of the parties. No pension sharing order is made due to procedural non-compliance. The value of the business is left out of account as the defender abandoned it and the pursuer salvaged what remained; thus, neither party is further...

Citation
[2013] ScotSC 45
Parties
Pursuer: C K; Defender: B K
Jurisdiction
Scotland
Judgment Date
12 August 2013
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; order for financial provision in favour of the pursuer; no pension sharing order; all other pleas dismissed; defender found liable in expenses.
Legal Topics
Divorce, Financial Provision on Divorce, Division of Matrimonial Property, Economic Advantage/disadvantage, Pension Sharing, Child Welfare
Family Law Divorce Financial Provision on Divorce Division of Matrimonial Property Economic Advantage/disadvantage Pension Sharing Child Welfare

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Parties

C K

Pursuer

B K

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to decree of divorce
  2. 2 How matrimonial property and debts should be divided
  3. 3 Whether either party is entitled to a pension sharing order

Ratio Decidendi

The pursuer is entitled to decree of divorce due to the irretrievable breakdown of the marriage caused by the defender's unreasonable behaviour. The net value of matrimonial property, as far as ascertainable, should be shared equally, with adjustments for economic advantage/disadvantage. The pursuer is entitled to receive the funds consigned in court from the sale of the defender's flat, with no further capital sum awarded due to the relative resources of the parties. No pension sharing order is made due to procedural non-compliance. The value of the business is left out of account as the defender abandoned it and the pursuer salvaged what remained; thus, neither party is further...

Court Disposition

Decree of divorce granted; order for financial provision in favour of the pursuer; no pension sharing order; all other pleas dismissed; defender found liable in expenses.

Orders

  • Divorces the defender from the pursuer.
  • Orders payment to the pursuer of the funds consigned with the sheriff clerk from the sale of the flat, with interest accrued thereon, subject to production of a tax certificate.