PATINA OMAROVA OR MACKAY AGAINST COLIN MACKENZIE MACKAY [2024] ScotCS CSOH_61 (21 June 2024)

PATINA OMAROVA OR MACKAY AGAINST COLIN MACKENZIE MACKAY [2024] ScotCS CSOH_61 (21 June 2024)

The marriage had broken down irretrievably. The total value of matrimonial property was assessed at £3,527,562. Special circumstances relating to pre-marriage assets and company shareholdings justified deductions. Equal sharing of the adjusted sum was appropriate. The pursuer was entitled to a pension sharing order, a capital sum, periodical allowance, and aliment for the children. Late amendment regarding alleged trusts was refused due to prejudice and lack of specificity.

Citation
[2024] ScotCS CSOH_61
Parties
Pursuer: Patina Omarova or Mackay; Defender: Colin Mackenzie Mackay
Jurisdiction
Scotland
Judgment Date
21 June 2024
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted. Financial provision orders made in favour of pursuer.
Legal Topics
Divorce, Financial Provision, Pension Sharing, Child Aliment, Matrimonial Property Valuation
Family Law Divorce Financial Provision Pension Sharing Child Aliment Matrimonial Property Valuation

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Parties

Patina Omarova or Mackay

Pursuer

Colin Mackenzie Mackay

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably
  2. 2 Valuation of matrimonial property
  3. 3 Appropriate division of matrimonial assets

Ratio Decidendi

The marriage had broken down irretrievably. The total value of matrimonial property was assessed at £3,527,562. Special circumstances relating to pre-marriage assets and company shareholdings justified deductions. Equal sharing of the adjusted sum was appropriate. The pursuer was entitled to a pension sharing order, a capital sum, periodical allowance, and aliment for the children. Late amendment regarding alleged trusts was refused due to prejudice and lack of specificity.

Court Disposition

Decree of divorce granted. Financial provision orders made in favour of pursuer.

Orders

  • Pension sharing order for 100% of defender's shareable rights in four Countrywide pension policies, with defender to bear implementation charges.
  • Payment of capital sum of £1,400,987 in instalments: £477,000 within 12 weeks of decree with 8% interest thereafter; balance in three equal instalments on anniversary of decree in 2025, 2026, and 2027 with 5% interest until due date and 8% thereafter.