McGee (Or Sudjic Or Campbell) v. Campbell [2008] ScotCS CSOH_101 (11 July 2008)

McGee (Or Sudjic Or Campbell) v. Campbell [2008] ScotCS CSOH_101 (11 July 2008)

Special circumstances existed due to defender's substantial pre-marriage assets which provided significant source of matrimonial property, justifying departure from equal sharing. Fair apportionment was one quarter to pursuer and three quarters to defender. Decree of divorce granted, transfer of Panmure Place to pursuer, and capital payment ordered.

Citation
[2008] ScotCS CSOH_101
Parties
Pursuer: Margaret Mary McGee or Sudjic or Campbell; Defender: David Archibald Campbell
Jurisdiction
Scotland
Judgment Date
11 July 2008
Procedural Posture
Divorce and Financial Provision / Final Judgment
Outcome
Decree of divorce granted; unequal division of matrimonial property
Legal Topics
Divorce, Financial Provision, Matrimonial Property, Capital Sum, Property Transfer
Family Law Divorce Financial Provision Matrimonial Property Capital Sum Property Transfer

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Parties

Margaret Mary McGee or Sudjic or Campbell

Pursuer

David Archibald Campbell

Defender

Procedural Posture

Divorce and Financial Provision / Final Judgment

Legal Issues

  1. 1 Whether decree of divorce should be granted
  2. 2 How matrimonial property should be valued and divided
  3. 3 Whether special circumstances justify unequal sharing of matrimonial property

Ratio Decidendi

Special circumstances existed due to defender's substantial pre-marriage assets which provided significant source of matrimonial property, justifying departure from equal sharing. Fair apportionment was one quarter to pursuer and three quarters to defender. Decree of divorce granted, transfer of Panmure Place to pursuer, and capital payment ordered.

Court Disposition

Decree of divorce granted; unequal division of matrimonial property

Orders

  • Transfer of Panmure Place (Edinburgh) to pursuer
  • Payment of capital sum of £546,000 to pursuer