Monika Siwiak or Solowczuk against Tomasz Marcin Solowczuk (Sheriff Court Civil) [2026] SCFAL 25 (09 January 2026)

Monika Siwiak or Solowczuk against Tomasz Marcin Solowczuk (Sheriff Court Civil) [2026] SCFAL 25 (09 January 2026)

The court held that the assets should be valued at the date of separation, as there were no special circumstances justifying a later valuation, and the defender's deliberate investment choices did not warrant an unequal division. The £10,000 cash was expended on building works and should not be included as a separate asset. The gold coins, valued at £55,000, were matrimonial property at the date of separation and should be included in the division, regardless of their subsequent disappearance.

Citation
[2026] SCFAL 25
Parties
Pursuer: Monika Siwiak or Solowczuk; Defender: Tomasz Marcin Solowczuk
Jurisdiction
Scotland
Judgment Date
09 January 2026
Procedural Posture
Divorce and Financial Provision / Judgment After Proof (trial)
Outcome
Decree of divorce granted; order for transfer of defender's interest in matrimonial home to pursuer upon payment of capital sum; alternative order for sale of property and division of proceeds; no award of expenses except as previously ordered.
Legal Topics
Divorce, Division of Matrimonial Property, Valuation of Assets, Financial Provision on Divorce
Family Law Divorce Division of Matrimonial Property Valuation of Assets Financial Provision on Divorce

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Parties

Monika Siwiak or Solowczuk

Pursuer

Tomasz Marcin Solowczuk

Defender

Procedural Posture

Divorce and Financial Provision / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether £10,000 cash should be included in matrimonial assets
  2. 2 Whether gold coins valued at £55,000 should be included in matrimonial assets
  3. 3 Whether defender's investments should be valued at date of separation or current value

Ratio Decidendi

The court held that the assets should be valued at the date of separation, as there were no special circumstances justifying a later valuation, and the defender's deliberate investment choices did not warrant an unequal division. The £10,000 cash was expended on building works and should not be included as a separate asset. The gold coins, valued at £55,000, were matrimonial property at the date of separation and should be included in the division, regardless of their subsequent disappearance.

Court Disposition

Decree of divorce granted; order for transfer of defender's interest in matrimonial home to pursuer upon payment of capital sum; alternative order for sale of property and division of proceeds; no award of expenses except as previously ordered.

Orders

  • Decree of divorce granted.
  • Transfer of defender's whole right, title and interest in 19 Hamilton Crescent, Falkirk FK2 0NW and contents to pursuer upon payment of £73,777.27 by pursuer to defender.