H.S. AGAINST F.S. [2015] ScotCS CSIH_14 (18 February 2015)

H.S. AGAINST F.S. [2015] ScotCS CSIH_14 (18 February 2015)

The Lord Ordinary was entitled to conclude, based on an objective assessment of all circumstances, that the parties continued to cohabit until 19 June 2013, when the pursuer's intention to divorce was communicated to the defender. No error of law or fact was established that would justify appellate intervention.

Citation
[2015] ScotCS CSIH_14
Parties
Pursuer and Reclaimer: HS; Defender and Respondent: FS
Jurisdiction
Scotland
Judgment Date
18 February 2015
Procedural Posture
Reclaiming Motion (appeal) in Matrimonial Proceedings / Inner House, Court of Session, Post Preliminary Proof
Outcome
Reclaiming motion refused; Lord Ordinary's determination affirmed.
Legal Topics
Matrimonial Property, Relevant Date Determination, Cohabitation, Appeals on Findings of Fact
Family Law Matrimonial Property Relevant Date Determination Cohabitation Appeals on Findings of Fact

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Parties

HS

Pursuer and Reclaimer

FS

Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) in Matrimonial Proceedings / Inner House, Court of Session, Post Preliminary Proof

Legal Issues

  1. 1 What is the correct 'relevant date' for fixing and valuing matrimonial property under s.10(3) Family Law (Scotland) Act 1985?
  2. 2 Did the Lord Ordinary err in law or fact in determining the relevant date as 19 June 2013?

Ratio Decidendi

The Lord Ordinary was entitled to conclude, based on an objective assessment of all circumstances, that the parties continued to cohabit until 19 June 2013, when the pursuer's intention to divorce was communicated to the defender. No error of law or fact was established that would justify appellate intervention.

Court Disposition

Reclaiming motion refused; Lord Ordinary's determination affirmed.

Orders

  • Relevant date for matrimonial property fixed at 19 June 2013.
  • No change to first instance orders.