McCALLION, STEPHEN McCALLION AGAINST LORRAINE BANFORD OR McCALLION [2019] ScotCS CSOH_100 (23 October 2019)

McCALLION, STEPHEN McCALLION AGAINST LORRAINE BANFORD OR McCALLION [2019] ScotCS CSOH_100 (23 October 2019)

The marriage has broken down irretrievably and decree of divorce is granted. The net value of matrimonial property as at the relevant date is £1,438,588. Equal sharing is the starting point, but the pursuer's conduct in failing to disclose the capital gain timeously and thereby increasing the CGT liability constitutes a special circumstance justifying a compensatory payment to the defender of £150,000. Sums removed by the defender from joint accounts (£41,000) are set off against this, reducing the sum due to £109,000. An additional £40,000 is awarded to the defender for financial provision under section 9(1)(d). Arrangements for child contact are approved as per joint minute under...

Citation
[2019] ScotCS CSOH_100
Parties
Pursuer: Stephen McCallion; Defender: Lorraine Banford or McCallion
Jurisdiction
Scotland
Judgment Date
23 October 2019
Procedural Posture
Divorce Action / Final Judgment
Outcome
Decree of divorce granted; financial provision and division of assets ordered; child contact arrangements approved.
Legal Topics
Divorce, Financial Provision, Matrimonial Property, Child Contact, Capital Gains Tax Liability
Family Law Divorce Financial Provision Matrimonial Property Child Contact Capital Gains Tax Liability

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Parties

Stephen McCallion

Pursuer

Lorraine Banford or McCallion

Defender

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 Determination of fair division of matrimonial property
  3. 3 Assessment of capital gains tax liability and its impact on matrimonial assets

Ratio Decidendi

The marriage has broken down irretrievably and decree of divorce is granted. The net value of matrimonial property as at the relevant date is £1,438,588. Equal sharing is the starting point, but the pursuer's conduct in failing to disclose the capital gain timeously and thereby increasing the CGT liability constitutes a special circumstance justifying a compensatory payment to the defender of £150,000. Sums removed by the defender from joint accounts (£41,000) are set off against this, reducing the sum due to £109,000. An additional £40,000 is awarded to the defender for financial provision under section 9(1)(d). Arrangements for child contact are approved as per joint minute under...

Court Disposition

Decree of divorce granted; financial provision and division of assets ordered; child contact arrangements approved.

Orders

  • Decree of divorce granted.
  • Division of matrimonial property as per Schedule 1.