Reddie v. McKay [2006] ScotSC 59 (29 June 2006)

Reddie v. McKay [2006] ScotSC 59 (29 June 2006)

The undisclosed pension policy, funded by a compensation payment referable to the period during the marriage and before the relevant date, constituted matrimonial property under sections 10(4)(b) and 10(5)(b) of the Family Law (Scotland) Act 1985. The defender's failure to disclose this asset deprived the pursuer of a fair share and rendered the Minute of Agreement unfair and unreasonable at the time it was entered into. The Sheriff Principal upheld the setting aside of all financial provisions in the agreement.

Citation
[2006] ScotSC 59
Parties
Pursuer and Respondent: Eleanor Jane Reddie or McKay; Defender and Appellant: Anthony John McKay
Jurisdiction
Scotland
Judgment Date
29 June 2006
Procedural Posture
Family Law Appeal / Appeal Judgment After Preliminary Proof
Outcome
Appeal refused except for correction of interlocutor; financial provisions of the Minute of Agreement set aside.
Legal Topics
Matrimonial Property, Minute of Agreement, Financial Provision on Divorce, Non Disclosure of Assets, Variation of Agreement
Family Law Matrimonial Property Minute of Agreement Financial Provision on Divorce Non Disclosure of Assets Variation of Agreement

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Parties

Eleanor Jane Reddie or McKay

Pursuer and Respondent

Anthony John McKay

Defender and Appellant

Procedural Posture

Family Law Appeal / Appeal Judgment After Preliminary Proof

Legal Issues

  1. 1 Whether the undisclosed pension policy formed part of the matrimonial property under the Family Law (Scotland) Act 1985
  2. 2 Whether the Minute of Agreement was fair and reasonable at the time it was entered into given the non-disclosure
  3. 3 Whether the entire agreement or only part should be set aside

Ratio Decidendi

The undisclosed pension policy, funded by a compensation payment referable to the period during the marriage and before the relevant date, constituted matrimonial property under sections 10(4)(b) and 10(5)(b) of the Family Law (Scotland) Act 1985. The defender's failure to disclose this asset deprived the pursuer of a fair share and rendered the Minute of Agreement unfair and unreasonable at the time it was entered into. The Sheriff Principal upheld the setting aside of all financial provisions in the agreement.

Court Disposition

Appeal refused except for correction of interlocutor; financial provisions of the Minute of Agreement set aside.

Orders

  • Delete reference to sustaining first plea in law for pursuer; substitute sustaining second plea in law for pursuer to the extent of granting an order under section 16(1)(b) of the Family Law (Scotland) Act 1985 varying the Minute of Agreement by deleting all terms as to financial provision.
  • Quoad ultra, refuse the appeal.