CD against ND (Court of Session) [2024] CSOH 98 (01 November 2024)

CD against ND (Court of Session) [2024] CSOH 98 (01 November 2024)

On the evidence, the parties did not cease to cohabit as husband and wife until 6 January 2020, as their conduct after December 2017—including affectionate communications, shared holidays, and public presentation as a couple—was inconsistent with separation. The pursuer's subjective belief was not communicated or objectively apparent, and the defender reasonably believed the marriage continued until January 2020.

Citation
[2024] CSOH 98
Parties
Pursuer: CD; Defender: ND
Jurisdiction
Scotland
Judgment Date
01 November 2024
Procedural Posture
Divorce and Financial Provision / Proof on Relevant Date
Outcome
Relevant Date determined as 6 January 2020 for financial provision purposes.
Legal Topics
Divorce, Financial Provision, Relevant Date, Cohabitation
Family Law Divorce Financial Provision Relevant Date Cohabitation

Case Brief

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Parties

CD

Pursuer

ND

Defender

Procedural Posture

Divorce and Financial Provision / Proof on Relevant Date

Legal Issues

  1. 1 What is the Relevant Date for the purposes of financial provision on divorce under the Family Law (Scotland) Act 1985?
  2. 2 When did the parties cease to cohabit as husband and wife?

Ratio Decidendi

On the evidence, the parties did not cease to cohabit as husband and wife until 6 January 2020, as their conduct after December 2017—including affectionate communications, shared holidays, and public presentation as a couple—was inconsistent with separation. The pursuer's subjective belief was not communicated or objectively apparent, and the defender reasonably believed the marriage continued until January 2020.

Court Disposition

Relevant Date determined as 6 January 2020 for financial provision purposes.

Orders

  • Proof on Relevant Date determined in favour of defender's position.
  • Further procedure to follow regarding financial provision.