JOHN MARTIN HALES v. JEAN GRAY TEIRNEY OR HALES [2012] ScotSC 14 (02 February 2012)

JOHN MARTIN HALES v. JEAN GRAY TEIRNEY OR HALES [2012] ScotSC 14 (02 February 2012)

The court held that special circumstances justifying departure from equal sharing of matrimonial property under section 10(6)(d) of the Family Law (Scotland) Act 1985 are confined to the circumstances of the parties to the marriage and their children. The needs of a third party, such as the defender's new partner, arising after separation and after divorce proceedings were raised, are not relevant. Accordingly, the defender's averments regarding her partner's disability and property adaptations are irrelevant and inadmissible to probation.

Citation
[2012] ScotSC 14
Parties
Pursuer: John Martin Hales; Defender: Jean Gray Teirney or Hales
Jurisdiction
Scotland
Judgment Date
02 February 2012
Procedural Posture
Divorce / Interlocutory Judgment on Relevancy of Averments, Prior to Proof
Outcome
Pursuer's first plea-in-law sustained; defender's specified averments excluded from probation; proof assigned on remaining averments; expenses reserved.
Legal Topics
Divorce, Matrimonial Property, Financial Provision, Special Circumstances, Relevancy of Pleadings
Family Law Divorce Matrimonial Property Financial Provision Special Circumstances Relevancy of Pleadings

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Parties

John Martin Hales

Pursuer

Jean Gray Teirney or Hales

Defender

Procedural Posture

Divorce / Interlocutory Judgment on Relevancy of Averments, Prior to Proof

Legal Issues

  1. 1 Whether the circumstances of the defender's new partner are relevant to the division of matrimonial property under section 10(6)(d) of the Family Law (Scotland) Act 1985

Ratio Decidendi

The court held that special circumstances justifying departure from equal sharing of matrimonial property under section 10(6)(d) of the Family Law (Scotland) Act 1985 are confined to the circumstances of the parties to the marriage and their children. The needs of a third party, such as the defender's new partner, arising after separation and after divorce proceedings were raised, are not relevant. Accordingly, the defender's averments regarding her partner's disability and property adaptations are irrelevant and inadmissible to probation.

Court Disposition

Pursuer's first plea-in-law sustained; defender's specified averments excluded from probation; proof assigned on remaining averments; expenses reserved.

Orders

  • Defender's averments in Answer 5 (as specified) refused admission to probation.
  • Fresh Diet of Proof assigned for 21 February 2012 at 10:00 am on remaining averments.