Drysdale Or Ireland v Ireland [2000] ScotCS 289 (17 November 2000)

Drysdale Or Ireland v Ireland [2000] ScotCS 289 (17 November 2000)

The court found that both parties now live at subsistence level, with neither having surplus income, and that Mr Ireland's remarriage and new family constitute a material change in circumstances. The court accepted that an agreement had been reached in 1985 to cease payment of periodical allowance, but held that such an agreement does not allow retrospective variation of a court order. The order for periodical allowance was therefore varied to nil prospectively.

Citation
[2000] ScotCS 289
Parties
Pursuer and Respondent: Martha Drysdale or Ireland (also known as Martha Todd Douglas); Defender and Minuter: John Ireland
Jurisdiction
Scotland
Judgment Date
17 November 2000
Procedural Posture
Minute for Variation of Periodical Allowance in Divorce Decree / Judgment on Application to Vary Periodical Allowance
Outcome
Order for periodical allowance varied to nil prospectively.
Legal Topics
Variation of Periodical Allowance, Divorce, Aliment, Personal Bar, Contractual Discharge of Maintenance Obligations
Family Law Variation of Periodical Allowance Divorce Aliment Personal Bar Contractual Discharge of Maintenance Obligations

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Parties

Martha Drysdale or Ireland (also known as Martha Todd Douglas)

Pursuer and Respondent

John Ireland

Defender and Minuter

Procedural Posture

Minute for Variation of Periodical Allowance in Divorce Decree / Judgment on Application to Vary Periodical Allowance

Legal Issues

  1. 1 Whether the periodical allowance payable by the defender to the pursuer should be varied to nil due to changed circumstances
  2. 2 Whether an extra-judicial agreement between the parties extinguished the obligation to pay periodical allowance
  3. 3 Whether the pursuer is personally barred from seeking arrears of periodical allowance

Ratio Decidendi

The court found that both parties now live at subsistence level, with neither having surplus income, and that Mr Ireland's remarriage and new family constitute a material change in circumstances. The court accepted that an agreement had been reached in 1985 to cease payment of periodical allowance, but held that such an agreement does not allow retrospective variation of a court order. The order for periodical allowance was therefore varied to nil prospectively.

Court Disposition

Order for periodical allowance varied to nil prospectively.

Orders

  • The 1982 order for payment of periodical allowance is varied to nil.