Financial provision Flashcards

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1
Q

S8 Family Law Scotland Act

A

Shows the preconditions of what a spouse is able to apply for eg: capital sum etc

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2
Q

S9(1)(a)

A

Fair sharing of matrimonial property has 3 steps

  1. Identify the home
  2. Value the home
  3. Divide the home
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3
Q

Maclean v Maclean

A

91a The Croft that was bought for employment was not held to be matrimonial property

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4
Q

Watt v watt

A

91a She didn’t work to look after the children and the matrimonial property had value from the fishing business because the assets had changed and as such it counted as matrimonial property

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5
Q

Gifts between spouses

A

Count as matrimonial property if between each other

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6
Q

Latter v latter

A

Authority for that if gifted or inherited money loses its status when it turns into something else

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7
Q

R v R

A

Paintings that were bought for house with inheritance money seen to be matrimonial property but husband put down all the money so the wife only got a 1/3 in matrimonial property

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8
Q

Valuation

A

This has to be done at the date they ceased to cohabit or the date which the divorce proceedings take place

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9
Q

Banks v Banks

A

Disagreement about when they ceased to cohabited however agreed that it was the date he changed his bank card as this was seen as a ‘significant gesture’

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10
Q

Wallis v Wallis

A

Man gained price and it went up in price and woman got lump sum however this is not allowed Anymore under Scots law because it is unfair- needs to be on specific date

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11
Q

Petrie v Petrie

A

The husband was injured before the marriage so did not count as matrimonial property

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12
Q

Skarpass v Skarpass

A

Damages- between the date of marriage and separation counter as MP

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13
Q

Pensions and life policies

A

‘Referable to the period of marriage and CP’

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14
Q

S9(1)(b)

A

Fair sharing of economic advantage/disadvantage

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15
Q

The balancing exercise under 91b

A

1st- how advs /disadvantaged have sustained by parties been balanced by advs /disadvants sustained by the other party

2nd- has any resulting imbalance been corrected by sharing out matrimonial property or otherwise

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16
Q

Cuniff v Cuniff

A

91b - she had given up work shortly before the marriage to look after children- court gave outright transfer of more than 50%

17
Q

Harris v Harris

A

91b Wife payed off chunk of mortgage with inheritance money and was given more than 50%

18
Q

9(1)(c)

A

Fair sharing of economic burden of child care - largely outdated

19
Q

S9(1)(d)

A

Adjustment to loss of financial support - periodical allowances if capital sum or pto insufficient, can only be claimed for 3 years

20
Q

Bell v Bell and Louden v Louden

A

Periodical allowances awarded in addition to generous capital sum payments

21
Q

S9(1)(e)

A

Serious financial hardship- no time limit, generally used for very old or very ill

22
Q

Conduct of spouse - S11(7)

A

This should be regarded when it had ‘Adversley effected the financial resources which are relevant to decision of court’

23
Q

Agreements between themselves - Kibble v Kibble

A

Parties can make agreements between themselves, before, after or during the marriage

24
Q

The presumption of death S Act

A

S1,2,3 - 7 years grants a declarator of death