HELENOR ELSPETH FAICHNEY OR SAMURAI AGAINST FARIS YOUSIF AL-SAMURAI [2014] ScotCS CSOH_95 (06 June 2014)

HELENOR ELSPETH FAICHNEY OR SAMURAI AGAINST FARIS YOUSIF AL-SAMURAI [2014] ScotCS CSOH_95 (06 June 2014)

The parties continued to cohabit as husband and wife until 19 June 2013, when the pursuer's solicitors wrote to the defender declaring her intention to divorce; from that point, they were no longer living together as husband and wife.

Citation
[2014] ScotCS CSOH_95
Parties
Pursuer: Helenor Elspeth Faichney or Samurai; Defender: Faris Yousif Al-Samurai
Jurisdiction
Scotland
Judgment Date
06 June 2014
Procedural Posture
Divorce Action / Preliminary Proof on Relevant Date
Outcome
Court found and declared the relevant date to be 19 June 2013.
Legal Topics
Divorce, Relevant Date, Cohabitation, Section 10(3) Family Law (scotland) Act 1985
Family Law Divorce Relevant Date Cohabitation Section 10(3) Family Law (scotland) Act 1985

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Parties

Helenor Elspeth Faichney or Samurai

Pursuer

Faris Yousif Al-Samurai

Defender

Procedural Posture

Divorce Action / Preliminary Proof on Relevant Date

Legal Issues

  1. 1 When did the parties cease to cohabit as husband and wife for purposes of section 10(3) Family Law (Scotland) Act 1985?

Ratio Decidendi

The parties continued to cohabit as husband and wife until 19 June 2013, when the pursuer's solicitors wrote to the defender declaring her intention to divorce; from that point, they were no longer living together as husband and wife.

Court Disposition

Court found and declared the relevant date to be 19 June 2013.

Orders

  • By interlocutor dated 8 May 2014, the relevant date is 19 June 2013.