JA v WA [2017] ScotCS CSOH_93 (23 June 2017)

JA v WA [2017] ScotCS CSOH_93 (23 June 2017)

The court found special circumstances existed due to the pursuer’s substantial contributions from inherited and gifted property to the acquisition of matrimonial assets. Unequal division was justified, awarding the pursuer a greater share of the net proceeds from sale of heritable property. The defender’s financial contributions were not proven to be equal. Periodical allowance was awarded to the defender at a reduced rate and duration, and pension sharing was ordered based on the portion attributable to the marriage.

Citation
[2017] ScotCS CSOH_93
Parties
Pursuer: JA; Defender: WA
Jurisdiction
Scotland
Judgment Date
23 June 2017
Procedural Posture
Divorce Action / Final Judgment
Outcome
Decree of divorce granted. Unequal division of matrimonial property ordered. Periodical allowance and pension sharing ordered.
Legal Topics
Financial Provision on Divorce, Division of Matrimonial Property, Periodical Allowance, Pension Sharing, Special Circumstances Under Family Law (scotland) Act 1985
Family Law Financial Provision on Divorce Division of Matrimonial Property Periodical Allowance Pension Sharing Special Circumstances Under Family Law (scotland) Act 1985

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Parties

JA

Pursuer

WA

Defender

Procedural Posture

Divorce Action / Final Judgment

Legal Issues

  1. 1 Whether matrimonial property should be divided equally or unequally due to special circumstances
  2. 2 Assessment of financial and non-financial contributions
  3. 3 Appropriate orders for periodical allowance and pension sharing

Ratio Decidendi

The court found special circumstances existed due to the pursuer’s substantial contributions from inherited and gifted property to the acquisition of matrimonial assets. Unequal division was justified, awarding the pursuer a greater share of the net proceeds from sale of heritable property. The defender’s financial contributions were not proven to be equal. Periodical allowance was awarded to the defender at a reduced rate and duration, and pension sharing was ordered based on the portion attributable to the marriage.

Court Disposition

Decree of divorce granted. Unequal division of matrimonial property ordered. Periodical allowance and pension sharing ordered.

Orders

  • Matrimonial home and two other heritable properties to be sold; net free proceeds divided two-thirds to pursuer, one-third to defender.
  • Contents of heritable property divided equally by value.