E against F (Sheriff Court Civil) [2025] SCDUN 76 (22 August 2025)

E against F (Sheriff Court Civil) [2025] SCDUN 76 (22 August 2025)

Both parties derived economic advantage and suffered economic disadvantage in the interests of the other and their children. The pursuer's net economic disadvantage exceeded that of the defender, primarily due to funding the family home in joint names and renovations, while the defender's disadvantages from lost earnings and pension were partially offset by economic advantages from property and rent. A fair award, applying a discretionary reduction for fairness and practicalities, is a capital sum of £150,000 payable by the defender to the pursuer upon sale of the family home, with interest from the date of judgment.

Citation
[2025] SCDUN 76
Parties
Pursuer: E; Defender: F
Jurisdiction
Scotland
Judgment Date
22 August 2025
Procedural Posture
Civil (family Law) / Final Judgment After Proof (trial)
Outcome
Decree for payment of capital sum to pursuer; order for sale of family home; expenses reserved.
Legal Topics
Cohabitation, Capital Sum on Separation, Economic Advantage/disadvantage, Division or Sale of Property, Section 28 Family Law (scotland) Act 2006
Family Law Cohabitation Capital Sum on Separation Economic Advantage/disadvantage Division or Sale of Property Section 28 Family Law (scotland) Act 2006

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Parties

E

Pursuer

F

Defender

Procedural Posture

Civil (family Law) / Final Judgment After Proof (trial)

Legal Issues

  1. 1 Whether either party derived economic advantage from contributions by the other during cohabitation
  2. 2 Whether either party suffered economic disadvantage in the interests of the other or the children
  3. 3 Whether a capital sum should be awarded under section 28 of the Family Law (Scotland) Act 2006 and, if so, in what amount

Ratio Decidendi

Both parties derived economic advantage and suffered economic disadvantage in the interests of the other and their children. The pursuer's net economic disadvantage exceeded that of the defender, primarily due to funding the family home in joint names and renovations, while the defender's disadvantages from lost earnings and pension were partially offset by economic advantages from property and rent. A fair award, applying a discretionary reduction for fairness and practicalities, is a capital sum of £150,000 payable by the defender to the pursuer upon sale of the family home, with interest from the date of judgment.

Court Disposition

Decree for payment of capital sum to pursuer; order for sale of family home; expenses reserved.

Orders

  • Sustains pursuer's second and fourth pleas-in-law and repels defender's second and fourth pleas-in-law.
  • Grants decree against the defender for payment to the pursuer of £150,000 upon sale of the family home, with interest at 8% per annum from judgment until payment.