Jacqueline Harris or Love against Alexander Bryce Love (Sheriff Court Civil) [2026] SCSTRAN 46 (02 April 2026)

Jacqueline Harris or Love against Alexander Bryce Love (Sheriff Court Civil) [2026] SCSTRAN 46 (02 April 2026)

The court found that the defender's post-separation payment of the entire outstanding mortgage constituted an economic disadvantage to him and a corresponding economic advantage to the pursuer. There were no offsetting factors. Therefore, an unequal division of matrimonial property was justified under section 9(1)(b) of the Family Law (Scotland) Act 1985, and a pension sharing order in the sum of £26,929.56 in favour of the defender was appropriate to achieve fairness.

Citation
[2026] SCSTRAN 46
Parties
Pursuer: Jacqueline Harris or Love; Defender: Alexander Bryce Love
Jurisdiction
Scotland
Judgment Date
02 April 2026
Procedural Posture
Divorce and Financial Provision / Judgment After Proof
Outcome
Decree of divorce granted; property transfer orders made; pension sharing order in favour of defender; no award of expenses.
Legal Topics
Divorce, Matrimonial Property, Pension Sharing, Unequal Division of Assets, Economic Advantage/disadvantage
Family Law Divorce Matrimonial Property Pension Sharing Unequal Division of Assets Economic Advantage/disadvantage

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Parties

Jacqueline Harris or Love

Pursuer

Alexander Bryce Love

Defender

Procedural Posture

Divorce and Financial Provision / Judgment After Proof

Legal Issues

  1. 1 Whether post-separation mortgage payments by the defender should be taken into account in the division of matrimonial property under section 9(1)(b) of the Family Law (Scotland) Act 1985
  2. 2 Whether an unequal division of matrimonial property is justified due to economic disadvantage/advantage arising from such payments

Ratio Decidendi

The court found that the defender's post-separation payment of the entire outstanding mortgage constituted an economic disadvantage to him and a corresponding economic advantage to the pursuer. There were no offsetting factors. Therefore, an unequal division of matrimonial property was justified under section 9(1)(b) of the Family Law (Scotland) Act 1985, and a pension sharing order in the sum of £26,929.56 in favour of the defender was appropriate to achieve fairness.

Court Disposition

Decree of divorce granted; property transfer orders made; pension sharing order in favour of defender; no award of expenses.

Orders

  • Decree of divorce granted on ground of irretrievable breakdown (2 years non-cohabitation)
  • Transfer of defender's interest in 10 Stewart of Gairlies Road to pursuer