On an applicatin for ancillary relief on divorce, the sherriff thought that the spouses could share equally in the increase in the value of the matrimonial property after the date when they separated. That could not be done under the rules laid down by the statute. So he refrained from making any order for a financial provision.
Held: The special circumstances upon which a party sought to rely to justify modifying the route a court would otherwise take, must themselves be directly relevant to justify the unequal division of property. The sheriff had been entitled to give effect to the principle of equal division in a way that had not been contemplated by the statute.
Citations:
Times 06-Dec-1996, [1996] UKHL 2, [1997] Fam Law 395, 1997 SC (HL) 20, [1997] 1 FLR 748
Links:
Statutes:
Family Law (Scotland) Act 1985 9(1)(a) 10
Jurisdiction:
Scotland
Cited by:
Cited – Miller v Miller; McFarlane v McFarlane HL 24-May-2006
Fairness on Division of Family Capital
The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital.
Held: The 1973 Act . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 11 September 2022; Ref: scu.135034
