PAUL JAMES McNULTY AGAINST GLORIA QUIZON ANOSA or McNULTY [2016] ScotSC 72 (02 November 2016)

PAUL JAMES McNULTY AGAINST GLORIA QUIZON ANOSA or McNULTY [2016] ScotSC 72 (02 November 2016)

The pursuer's interest in the investment portfolio was not matrimonial property as no new property was acquired during the marriage; the portfolio remained the same contractual right as at the date of marriage. The defender is not entitled to a capital sum. Orders for residence and contact are made in the terms agreed by the parties as being in the best interests of the child.

Citation
[2016] ScotSC 72
Parties
Pursuer: Paul James McNulty; Defender: Gloria Quizon Anosa or McNulty
Jurisdiction
Scotland
Judgment Date
02 November 2016
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; residence of child awarded to pursuer; contact awarded to defender; defender's claim for capital sum refused; no expenses payable for procedure after 26 February 2016; other expenses reserved.
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Child Residence, Child Contact
Family Law Divorce Matrimonial Property Financial Provision Child Residence Child Contact

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Parties

Paul James McNulty

Pursuer

Gloria Quizon Anosa or McNulty

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer's investment portfolio is matrimonial property subject to division on divorce
  2. 2 Whether the defender is entitled to a capital sum from the pursuer
  3. 3 Appropriate orders for residence and contact of the parties' child

Ratio Decidendi

The pursuer's interest in the investment portfolio was not matrimonial property as no new property was acquired during the marriage; the portfolio remained the same contractual right as at the date of marriage. The defender is not entitled to a capital sum. Orders for residence and contact are made in the terms agreed by the parties as being in the best interests of the child.

Court Disposition

Decree of divorce granted; residence of child awarded to pursuer; contact awarded to defender; defender's claim for capital sum refused; no expenses payable for procedure after 26 February 2016; other expenses reserved.

Orders

  • Decree of divorce granted to pursuer
  • Residence of child EM awarded to pursuer