Barker v. Matevska [2007] ScotSC 64 (07 November 2007)

Barker v. Matevska [2007] ScotSC 64 (07 November 2007)

Defender's averments regarding alleged marriage in Libya and subsequent marriage by cohabitation and repute are irrelevant and lack specification, as no crave for declarator of marriage is made. Allegations of assault and abuse lack sufficient detail and causal link to financial hardship. Pleadings must be amended to cure technical deficiencies; only specified and relevant averments admitted to probation.

Citation
[2007] ScotSC 64
Parties
Pursuer: Brian Barker; Defender: Danche Matevska or Barker
Jurisdiction
Scotland
Judgment Date
07 November 2007
Procedural Posture
Divorce / Interlocutory Judgment Following Debate on Pleadings
Outcome
Record opened up and amended; most of defender's averments in answer 2, and specified sentences in answers 3 and 5, refused admission to probation; warrant granted to defender to intimate action to heritable creditor; proof allowed on remaining averments; question of expenses reserved.
Legal Topics
Divorce, Financial Provision, Declarator of Marriage, Periodical Allowance, Transfer of Property
Family Law Divorce Financial Provision Declarator of Marriage Periodical Allowance Transfer of Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Brian Barker

Pursuer

Danche Matevska or Barker

Defender

Procedural Posture

Divorce / Interlocutory Judgment Following Debate on Pleadings

Legal Issues

  1. 1 Irrelevance and lack of specification in defender's pleadings regarding alleged earlier marriage and assault
  2. 2 Entitlement to financial provision including transfer of property, capital sum, pension sharing, periodical allowance, and interim aliment
  3. 3 Requirement for consent of heritable creditor for property transfer

Ratio Decidendi

Defender's averments regarding alleged marriage in Libya and subsequent marriage by cohabitation and repute are irrelevant and lack specification, as no crave for declarator of marriage is made. Allegations of assault and abuse lack sufficient detail and causal link to financial hardship. Pleadings must be amended to cure technical deficiencies; only specified and relevant averments admitted to probation.

Court Disposition

Record opened up and amended; most of defender's averments in answer 2, and specified sentences in answers 3 and 5, refused admission to probation; warrant granted to defender to intimate action to heritable creditor; proof allowed on remaining averments; question of expenses reserved.

Orders

  • Record amended by adding 'earned' to answer 3.
  • Refusal to admit most of answer 2, fifth sentence of answer 3, and twenty-second sentence of answer 5 to probation.