EDITH BRADBURY AGAINST THOMAS BRADBURY [2021] ScotCS CSOH_113 (05 November 2021)

EDITH BRADBURY AGAINST THOMAS BRADBURY [2021] ScotCS CSOH_113 (05 November 2021)

The court found the marriage had broken down irretrievably and sustained the pursuer's plea for divorce. On financial provision, the court determined that both parties contributed significantly to the marriage and farming business, and there were no special circumstances justifying departure from equal sharing of matrimonial property. The pursuer was entitled to a capital sum and periodical allowance as sought.

Citation
[2021] ScotCS CSOH_113
Parties
Pursuer: Edith Margaret (known as Margaret) Turkington Bradbury; Defender: Thomas John Craig (known as Craig) Bradbury
Jurisdiction
Scotland
Judgment Date
05 November 2021
Procedural Posture
Divorce With Ancillary Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; equal division of matrimonial property ordered; capital sum and periodical allowance awarded to pursuer.
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Periodical Allowance
Family Law Divorce Matrimonial Property Financial Provision Periodical Allowance

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Parties

Edith Margaret (known as Margaret) Turkington Bradbury

Pursuer

Thomas John Craig (known as Craig) Bradbury

Defender

Procedural Posture

Divorce With Ancillary Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 Fair division of matrimonial property
  3. 3 Existence of special circumstances justifying departure from equal sharing

Ratio Decidendi

The court found the marriage had broken down irretrievably and sustained the pursuer's plea for divorce. On financial provision, the court determined that both parties contributed significantly to the marriage and farming business, and there were no special circumstances justifying departure from equal sharing of matrimonial property. The pursuer was entitled to a capital sum and periodical allowance as sought.

Court Disposition

Decree of divorce granted; equal division of matrimonial property ordered; capital sum and periodical allowance awarded to pursuer.

Orders

  • Decree of divorce
  • Payment of capital sum of £1,342,775 to pursuer