LV AGAINST IV [2018] ScotCS CSOH_80 (31 July 2018)

LV AGAINST IV [2018] ScotCS CSOH_80 (31 July 2018)

The court held that the marriage had broken down irretrievably due to the defender's unreasonable behaviour and granted decree of divorce. In dividing matrimonial property, the court recognised that the defender's Dutch pensions, governed by Dutch law, constituted a special circumstance under section 10 of the 1985 Act. The court excluded the Dutch pensions from the Scottish matrimonial property schedule but took account of the pursuer's rights under Dutch law in the overall division to achieve fairness. Orders were made for sale of the properties, division of proceeds, payment of a capital sum, periodical allowance, and sharing of school fees. The pursuer was not required to waive her...

Citation
[2018] ScotCS CSOH_80
Parties
Pursuer: LV; Defender: IV
Jurisdiction
Scotland
Judgment Date
31 July 2018
Procedural Posture
Divorce Action / Final Judgment After Proof
Outcome
Decree of divorce granted; orders for sale and division of property; capital sum and periodical allowance awarded; school fees to be shared; no order requiring waiver of Dutch pension rights.
Legal Topics
Divorce, Financial Provision on Divorce, Matrimonial Property, Pension Division, Periodical Allowance, School Fees, Property Sale Orders
Family Law Divorce Financial Provision on Divorce Matrimonial Property Pension Division Periodical Allowance School Fees Property Sale Orders

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Parties

LV

Pursuer

IV

Defender

Procedural Posture

Divorce Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to decree of divorce on grounds of unreasonable behaviour
  2. 2 How matrimonial property, including pensions subject to Dutch law, should be divided
  3. 3 Whether periodical allowance and school fees should be ordered and in what amounts

Ratio Decidendi

The court held that the marriage had broken down irretrievably due to the defender's unreasonable behaviour and granted decree of divorce. In dividing matrimonial property, the court recognised that the defender's Dutch pensions, governed by Dutch law, constituted a special circumstance under section 10 of the 1985 Act. The court excluded the Dutch pensions from the Scottish matrimonial property schedule but took account of the pursuer's rights under Dutch law in the overall division to achieve fairness. Orders were made for sale of the properties, division of proceeds, payment of a capital sum, periodical allowance, and sharing of school fees. The pursuer was not required to waive her...

Court Disposition

Decree of divorce granted; orders for sale and division of property; capital sum and periodical allowance awarded; school fees to be shared; no order requiring waiver of Dutch pension rights.

Orders

  • Decree of divorce pronounced.
  • Order for sale of former matrimonial home and Stonehaven flat, with proceeds divided equally.