smithSCS2009
References: [2009] ScotCS CSOH_02
Links: Bailii
Ratio: In the context of a divorce and falling house prices and where capital provision was to be made from the sale proceeds, the court considered whether the order should fix a capital sum before a sale price was known.
Held: The 1985 Act required a fair division. After making appropriate maintenance provisions, the court said that a capital sum should not presently be fixed.
Statutes: Family Law (Scotland) Act 1985
Last Update: 09 March 2017
Ref: 279814