Parker v Nicholl or Parker [2014] ScotCS CSOH_159 (30 October 2014)

Parker v Nicholl or Parker [2014] ScotCS CSOH_159 (30 October 2014)

One half of the pursuer’s interest in Balgown Farm is matrimonial property as it was acquired during the marriage and not by way of gift or succession from a third party. The net value of the matrimonial property should be shared fairly, but special circumstances relating to the source of funds and family arrangements justify an unequal division. The defender is entitled to a capital sum, periodical allowance, and provision for suitable accommodation, but not to the full extent claimed. The farm need not be sold to make provision, and interest is payable on the capital sum from the date of decree.

Citation
[2014] ScotCS CSOH_159
Parties
Pursuer: Stuart Harrower Parker; Defender: Elaine Margaret Nicholl or Parker
Jurisdiction
Scotland
Judgment Date
30 October 2014
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; financial provision ordered
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Periodical Allowance, Capital Sum, Partnership Property
Family Law Divorce Matrimonial Property Financial Provision Periodical Allowance Capital Sum Partnership Property

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Parties

Stuart Harrower Parker

Pursuer

Elaine Margaret Nicholl or Parker

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether one half of the pursuer’s interest in Balgown Farm is matrimonial property
  2. 2 Valuation of the pursuer’s interest in Balgown Farm at the relevant date
  3. 3 Whether special circumstances justify unequal sharing of matrimonial property

Ratio Decidendi

One half of the pursuer’s interest in Balgown Farm is matrimonial property as it was acquired during the marriage and not by way of gift or succession from a third party. The net value of the matrimonial property should be shared fairly, but special circumstances relating to the source of funds and family arrangements justify an unequal division. The defender is entitled to a capital sum, periodical allowance, and provision for suitable accommodation, but not to the full extent claimed. The farm need not be sold to make provision, and interest is payable on the capital sum from the date of decree.

Court Disposition

Decree of divorce granted; financial provision ordered

Orders

  • Decree of divorce pronounced
  • Pursuer to pay defender a capital sum (amount to be determined based on valuation and division as per judgment)