NATALIA YURIEVNA BELOKHVOSTOVA or TSYBINA or KIBBLE v. ALAN BRUCE KIBBLE [2009] ScotSC 167 (05 November 2009)

Section 16(1) of the Family Law (Scotland) Act 1985 applies to antenuptial agreements intended to settle financial arrangements on divorce, and the sheriff erred in excluding such agreements from its scope; the amendment should have been allowed.

Citation: [2009] ScotSC 167
Parties: Pursuer and Appellant: Natalia Yurievna Belokhvostova or Tsybina or Kibble; Defender and Respondent: Alan Bruce Kibble
Jurisdiction: Scotland
Judgment Date: 05 November 2009
Procedural Posture: Divorce Action / Appeal Against Refusal to Allow Amendment
Outcome: Appeal allowed; sheriff's interlocutor recalled insofar as it excluded amendment; amendment permitted.
Legal Topics: Matrimonial Property, Antenuptial Agreements, Financial Provision on Divorce, Amendment of Pleadings

Family Law Matrimonial Property Antenuptial Agreements Financial Provision on Divorce Amendment of Pleadings

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Parties

Natalia Yurievna Belokhvostova or Tsybina or Kibble

Pursuer and Appellant

Alan Bruce Kibble

Defender and Respondent

Procedural Posture

Divorce Action / Appeal Against Refusal to Allow Amendment

Legal Issues

1 Whether section 16(1) of the Family Law (Scotland) Act 1985 applies to antenuptial agreements
2 Whether the antenuptial marriage contract is an agreement as to financial provision to be made on divorce

Ratio Decidendi

Court Disposition

Appeal allowed; sheriff's interlocutor recalled insofar as it excluded amendment; amendment permitted.

Orders

Allows the appeal
Recalls the sheriff's interlocutor of 29 April 2009 insofar as it excludes amendment in terms of paragraphs 1 and 4 of the minute of amendment for the pursuer no 13 of process