AB against CD (Sheriff Court Civil) [2026] SCPER 52 (17 October 2025)

AB against CD (Sheriff Court Civil) [2026] SCPER 52 (17 October 2025)

The marriage has broken down irretrievably due to the defender's behaviour. Special circumstances, including inherited funds and pre-marital investments, justify unequal sharing of matrimonial property. The defender's concealment of assets further supports unequal division. The fair division requires the defender to pay a balancing sum to the pursuer, with transfer of the matrimonial home to the defender and no pension sharing or periodical allowance.

Citation
[2026] SCPER 52
Parties
Pursuer: AB; Defender: CD
Jurisdiction
Scotland
Judgment Date
17 October 2025
Procedural Posture
Divorce and Financial Provision / Final Judgment With Reserved Expenses
Outcome
Decree of divorce granted; unequal division of matrimonial property ordered.
Legal Topics
Divorce, Financial Provision, Matrimonial Property, Special Circumstances, Division of Assets
Family Law Divorce Financial Provision Matrimonial Property Special Circumstances Division of Assets

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Parties

AB

Pursuer

CD

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment With Reserved Expenses

Legal Issues

  1. 1 Has the marriage broken down irretrievably?
  2. 2 What is the fair division of matrimonial property?
  3. 3 Are there special circumstances justifying unequal sharing?

Ratio Decidendi

The marriage has broken down irretrievably due to the defender's behaviour. Special circumstances, including inherited funds and pre-marital investments, justify unequal sharing of matrimonial property. The defender's concealment of assets further supports unequal division. The fair division requires the defender to pay a balancing sum to the pursuer, with transfer of the matrimonial home to the defender and no pension sharing or periodical allowance.

Court Disposition

Decree of divorce granted; unequal division of matrimonial property ordered.

Orders

  • Defender to pay pursuer £26,885.50 plus 8% interest from interlocutor date until payment.
  • Transfer of pursuer's interest in former matrimonial home to defender suspended until payment of balancing sum.