O’Malley Or Bryden v Bryden [1998] ScotCS 51 (4 November 1998)

O’Malley Or Bryden v Bryden [1998] ScotCS 51 (4 November 1998)

Given the parties' prior standard of living, the pursuer's reasonable monthly outgoings (after deductions) and her own income, and the defender's substantial resources and ability to pay, interim aliment of £2,000 per month is appropriate.

Citation
[1998] ScotCS 51
Parties
Pursuer: Marie Helen O'Malley or Bryden; Defender: John Gibson Bryden
Jurisdiction
Scotland
Judgment Date
04 November 1998
Procedural Posture
Motion for Interim Aliment / Interlocutory (interim Relief Pending Proof)
Outcome
interim aliment granted
Legal Topics
Interim Aliment, Spousal Maintenance, Financial Provision on Separation
Family Law Interim Aliment Spousal Maintenance Financial Provision on Separation

Case Brief

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Parties

Marie Helen O'Malley or Bryden

Pursuer

John Gibson Bryden

Defender

Procedural Posture

Motion for Interim Aliment / Interlocutory (interim Relief Pending Proof)

Legal Issues

  1. 1 What is the appropriate amount of interim aliment payable by the defender to the pursuer given their respective financial positions and lifestyle prior to separation?

Ratio Decidendi

Given the parties' prior standard of living, the pursuer's reasonable monthly outgoings (after deductions) and her own income, and the defender's substantial resources and ability to pay, interim aliment of £2,000 per month is appropriate.

Court Disposition

interim aliment granted

Orders

  • Defender to pay interim aliment to pursuer at the rate of £2,000 per month.