AB against BB (Sheriff Court Civil) [2026] SCABE 56 (12 December 2025)

AB against BB (Sheriff Court Civil) [2026] SCABE 56 (12 December 2025)

The court found that special circumstances justified an unequal division of matrimonial property, awarding 60% to the pursuer and 40% to the defender. These circumstances included the pursuer's economic disadvantage from career sacrifice, her health and limited earning capacity, the economic burden of child care, and the defender's greater earning potential and lack of financial hardship. The court held that a capital sum to the pursuer was fair and reasonable, and declined to make a pension sharing order or ongoing school fee liability order against the defender. The £20,000 payment by the defender's mother was not treated as a matrimonial debt.

Citation
[2026] SCABE 56
Parties
Pursuer: AB; Defender: BB
Jurisdiction
Scotland
Judgment Date
12 December 2025
Procedural Posture
Divorce and Financial Provision / Final Judgment After Proof
Outcome
Decree of divorce granted; capital sum and property transfer orders made; pension sharing and ongoing school fee liability orders refused; other craves dismissed; expenses reserved.
Legal Topics
Divorce, Financial Provision on Divorce, Division of Matrimonial Property, Child Welfare, Pension Sharing, School Fees Liability
Family Law Civil Procedure Divorce Financial Provision on Divorce Division of Matrimonial Property Child Welfare Pension Sharing School Fees Liability

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Parties

AB

Pursuer

BB

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment After Proof

Legal Issues

  1. 1 Whether the marriage has broken down irretrievably under section 1(1)(a) of the Divorce (Scotland) Act 1976
  2. 2 How the net matrimonial property should be valued and divided under the Family Law (Scotland) Act 1985
  3. 3 Whether special circumstances justify unequal division of matrimonial property

Ratio Decidendi

The court found that special circumstances justified an unequal division of matrimonial property, awarding 60% to the pursuer and 40% to the defender. These circumstances included the pursuer's economic disadvantage from career sacrifice, her health and limited earning capacity, the economic burden of child care, and the defender's greater earning potential and lack of financial hardship. The court held that a capital sum to the pursuer was fair and reasonable, and declined to make a pension sharing order or ongoing school fee liability order against the defender. The £20,000 payment by the defender's mother was not treated as a matrimonial debt.

Court Disposition

Decree of divorce granted; capital sum and property transfer orders made; pension sharing and ongoing school fee liability orders refused; other craves dismissed; expenses reserved.

Orders

  • Decree of divorce granted in favour of the pursuer.
  • Payment to the pursuer of a capital sum of £163,339 from funds held by the Sheriff Clerk, with accrued interest.