MKBM AGAINST MABM [2014] ScotCS CSOH_136 (03 September 2014)
Special circumstances arising from non-matrimonial sources justify departure from equal sharing; pursuer suffered economic disadvantage and contributed to family; defender to pay capital sum and periodical allowance to achieve fair and practicable result given resources and needs.
- Citation
- [2014] ScotCS CSOH_136
- Parties
- Pursuer: MKBM; Defender: MABM
- Jurisdiction
- Scotland
- Judgment Date
- 03 September 2014
- Procedural Posture
- Divorce / Final Judgment
- Outcome
- decree of divorce granted; financial provision ordered
- Legal Topics
- Divorce, Financial Provision, Matrimonial Property, Periodical Allowance, Child Maintenance
Case Brief
Summary, issues, holding and outcome
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Parties
MKBM
Pursuer
MABM
Defender
Procedural Posture
Divorce / Final Judgment
Legal Issues
- 1 Whether special circumstances justify departure from equal sharing of matrimonial property
- 2 Appropriate financial provision for pursuer
- 3 Assessment of periodical allowance and capital sum
Ratio Decidendi
Special circumstances arising from non-matrimonial sources justify departure from equal sharing; pursuer suffered economic disadvantage and contributed to family; defender to pay capital sum and periodical allowance to achieve fair and practicable result given resources and needs.
Court Disposition
decree of divorce granted; financial provision ordered
Orders
- Defender to pay pursuer capital sum of £250,000 within six months with interest from due date
- Defender to pay pursuer periodical allowance monthly in advance for three years (£2,000/month first year, £1,000/month thereafter) with interest from due date
Full Case Text
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