AF AGAINST FF [2016] ScotSC 16 (04 March 2016)

AF AGAINST FF [2016] ScotSC 16 (04 March 2016)

The court found the marriage had broken down irretrievably and granted divorce. The matrimonial property, primarily the former matrimonial home, should be divided equally, with the defender transferring her interest to the pursuer in exchange for a capital payment. The welfare of the children required that they reside with the defender, and it was in their best interests to permit relocation to Australia with her, given her support network and employment prospects there. Contact arrangements were ordered to maintain the children's relationship with the pursuer and his family, but the pursuer was deprived of his parental right to regulate the children's residence.

Citation
[2016] ScotSC 16
Parties
Pursuer: AF; Defender: FF
Jurisdiction
Scotland
Judgment Date
04 March 2016
Procedural Posture
Divorce and Child Relocation / Final Judgment After Proof
Outcome
Decree of divorce granted; order for transfer of defender's interest in matrimonial home to pursuer in exchange for capital payment; defender permitted to relocate to Australia with children; contact arrangements ordered; no order for periodical allowance or interdict; no expenses awarded.
Legal Topics
Divorce, Matrimonial Property, Child Residence, Child Relocation, Contact Orders, Parental Rights and Responsibilities
Family Law Child Law Divorce Matrimonial Property Child Residence Child Relocation Contact Orders Parental Rights and Responsibilities

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 4 Authorities cited 17 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

AF

Pursuer

FF

Defender

Procedural Posture

Divorce and Child Relocation / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably and divorce should be granted
  2. 2 How matrimonial property should be divided
  3. 3 Whether the defender should be permitted to relocate to Australia with the children

Ratio Decidendi

The court found the marriage had broken down irretrievably and granted divorce. The matrimonial property, primarily the former matrimonial home, should be divided equally, with the defender transferring her interest to the pursuer in exchange for a capital payment. The welfare of the children required that they reside with the defender, and it was in their best interests to permit relocation to Australia with her, given her support network and employment prospects there. Contact arrangements were ordered to maintain the children's relationship with the pursuer and his family, but the pursuer was deprived of his parental right to regulate the children's residence.

Court Disposition

Decree of divorce granted; order for transfer of defender's interest in matrimonial home to pursuer in exchange for capital payment; defender permitted to relocate to Australia with children; contact arrangements ordered; no order for periodical allowance or interdict; no expenses awarded.

Orders

  • Decree of divorce in favour of pursuer
  • Order for transfer of defender's interest in former matrimonial home to pursuer