The effect of section 10(3)(b) of the 1985 Act was that the whole of the wife’s share of the increase in its value after the date of separation which passed to the husband as a result of the sheriff’s order had to be left out of account in the computation of the amount of the matrimonial property that determined how much of it was to be paid by him to the wife.
Citations:
1992 SC 455
Statutes:
Family Law (Scotland) Act 1985
Cited by:
Appeal from – Wallis v Wallis HL 5-Aug-1993
(Scotland) The valuation of the matrimonial home was to be taken as at the date of the couple’s separation. The House affirmed the decision of the Court of Session. . .
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.
Scotland, Family
Updated: 04 May 2022; Ref: scu.242164