ASA AGAINST AZD AND ANOTHER [2020] ScotCS CSOH_63 (15 April 2020)

ASA AGAINST AZD AND ANOTHER [2020] ScotCS CSOH_63 (15 April 2020)

The court found that the relevant date of separation was 12 August 2017, based on the parties' conduct and credible evidence, particularly the pursuer's adherence to Islamic cultural norms regarding cohabitation. The matrimonial home was valued at £625,000 as at the relevant date, accepting the expert evidence of Mr Reilly. The shareholding in CDC Limited was valued at £239,000 as at the relevant date, preferring the methodology and evidence of Mr Rowand over that of Mr Wilkinson. The division of matrimonial property was to be carried out in accordance with these findings, applying the statutory framework for fairness.

Citation
[2020] ScotCS CSOH_63
Parties
Pursuer: ASA; First Defender: AZD; Second Defender: UN Bank
Jurisdiction
Scotland
Judgment Date
15 April 2020
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Divorce granted; orders for financial provision made in accordance with findings on valuation and division of matrimonial property.
Legal Topics
Divorce, Financial Provision on Divorce, Matrimonial Property, Valuation of Assets, Relevant Date of Separation
Family Law Divorce Financial Provision on Divorce Matrimonial Property Valuation of Assets Relevant Date of Separation

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Parties

ASA

Pursuer

AZD

First Defender

UN Bank

Second Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Determination of the relevant date of separation for matrimonial property purposes
  2. 2 Valuation of the matrimonial home
  3. 3 Valuation of shareholdings in CDC Limited and DY Limited

Ratio Decidendi

The court found that the relevant date of separation was 12 August 2017, based on the parties' conduct and credible evidence, particularly the pursuer's adherence to Islamic cultural norms regarding cohabitation. The matrimonial home was valued at £625,000 as at the relevant date, accepting the expert evidence of Mr Reilly. The shareholding in CDC Limited was valued at £239,000 as at the relevant date, preferring the methodology and evidence of Mr Rowand over that of Mr Wilkinson. The division of matrimonial property was to be carried out in accordance with these findings, applying the statutory framework for fairness.

Court Disposition

Divorce granted; orders for financial provision made in accordance with findings on valuation and division of matrimonial property.

Orders

  • Divorce pronounced in favour of ASA against AZD.
  • Matrimonial home valued at £625,000 for division purposes.