YI AGAINST AAW [2020] ScotCS CSOH_76 (08 July 2020)

YI AGAINST AAW [2020] ScotCS CSOH_76 (08 July 2020)

The court found the pursuer's evidence credible and corroborated by external witnesses, establishing that the defender's controlling, derogatory, and sexually demanding behaviour made it unreasonable to expect the pursuer to continue cohabiting. The requirements of the Divorce (Scotland) Act 1976 and Civil Evidence (Scotland) Act 1988 were satisfied, and the marriage had irretrievably broken down due to the defender's conduct.

Citation
[2020] ScotCS CSOH_76
Parties
Pursuer: YI; Defender: AAW
Jurisdiction
Scotland
Judgment Date
08 July 2020
Procedural Posture
Divorce / Judgment After Proof on Merits
Outcome
Decree of divorce granted; decision on financial provision deferred.
Legal Topics
Divorce, Irretrievable Breakdown, Unreasonable Behaviour, Jurisdiction, Corroboration, Financial Provision
Family Law Divorce Irretrievable Breakdown Unreasonable Behaviour Jurisdiction Corroboration Financial Provision

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Parties

YI

Pursuer

AAW

Defender

Procedural Posture

Divorce / Judgment After Proof on Merits

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably under section 1(1)(a) of the Divorce (Scotland) Act 1976
  2. 2 Whether the defender behaved in such a way that the pursuer cannot reasonably be expected to cohabit with him under section 1(2)(b)
  3. 3 Whether there is sufficient evidence from outside the marriage as required by section 8(3) of the Civil Evidence (Scotland) Act 1988

Ratio Decidendi

The court found the pursuer's evidence credible and corroborated by external witnesses, establishing that the defender's controlling, derogatory, and sexually demanding behaviour made it unreasonable to expect the pursuer to continue cohabiting. The requirements of the Divorce (Scotland) Act 1976 and Civil Evidence (Scotland) Act 1988 were satisfied, and the marriage had irretrievably broken down due to the defender's conduct.

Court Disposition

Decree of divorce granted; decision on financial provision deferred.

Orders

  • Decree of divorce granted in favour of the pursuer.
  • Decision on financial provision for the pursuer deferred; parties to fix a proof on financial provision orders for no later than Spring 2021.