AT against NK (AP) (Sheriff Appeal Court Civil) [2025] SACCIV 9 (28 March 2025)

AT against NK (AP) (Sheriff Appeal Court Civil) [2025] SACCIV 9 (28 March 2025)

The appeal against the sheriff's award of interim aliment is incompetent without leave, as established by the majority of sheriff principal authorities and the statutory context. The appeal against the order for sale of the matrimonial home is also incompetent without leave, as such an order is not a decree ad factum praestandum but an act of regulative administration arising only upon the court's order, not a pre-existing obligation. Both appeals are refused as incompetent.

Citation
[2025] SACCIV 9
Parties
Pursuer and Respondent: AT; Defender and Appellant: NK (AP)
Jurisdiction
Scotland
Judgment Date
28 March 2025
Procedural Posture
Divorce Action With Financial Provisions and Child Residence/contact Orders / Appeal to Sheriff Appeal Court From Interlocutory Orders of Sheriff
Outcome
Appeal refused as incompetent.
Legal Topics
Interim Aliment, Incidental Order for Sale of Matrimonial Home, Appeal Competency, Financial Provision on Divorce, Child Maintenance
Family Law Civil Procedure Interim Aliment Incidental Order for Sale of Matrimonial Home Appeal Competency Financial Provision on Divorce Child Maintenance

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Parties

AT

Pursuer and Respondent

NK (AP)

Defender and Appellant

Procedural Posture

Divorce Action With Financial Provisions and Child Residence/contact Orders / Appeal to Sheriff Appeal Court From Interlocutory Orders of Sheriff

Legal Issues

  1. 1 Is an appeal against an award of interim aliment competent without leave of the sheriff?
  2. 2 Is an appeal against an incidental order for sale of the matrimonial home competent without leave of the sheriff?
  3. 3 Did the sheriff err in awarding interim aliment and ordering sale of the matrimonial home?

Ratio Decidendi

The appeal against the sheriff's award of interim aliment is incompetent without leave, as established by the majority of sheriff principal authorities and the statutory context. The appeal against the order for sale of the matrimonial home is also incompetent without leave, as such an order is not a decree ad factum praestandum but an act of regulative administration arising only upon the court's order, not a pre-existing obligation. Both appeals are refused as incompetent.

Court Disposition

Appeal refused as incompetent.

Orders

  • Appeal refused as incompetent.
  • Expenses reserved; parties to intimate agreement or submissions within 14 days.