Financial Provisions On Divorce/Dissolution

Question 1

Skarpaas v skarpaas 1991

Answer 1

Husbands level of alcohol consumption relevant because it adversely affected financial resources available for distribution
Alcohol consumption seriously depleted property available for financial provision

Question 2

Banks v banks 2005

Answer 2

(Relevant date)
Husband worked and lived abroad couple slept in different bed for a number of years
Didn’t spend a lot of time in matrimonial home
Unclear on the exact relevant date

Question 3

Bain v Bain 2008

Answer 3

Couple lived in seperate flats
Took holidays together and occasionally stayed at one another’s house
Unclear on the exact relevant date

Question 4

Latter v latter 1990

Answer 4

Wife’s parents and grandparents gifted money so her and husband could buy family home
Money was gifted but transformed into the purchase of family home
Home was treated as matrimonial property upon divorce
The property had therefore changed in nature

Question 5

Macdonald v macdonald 2009

Answer 5

Afraid not to sign a pre-marital agreement

Set aside because not fair

Question 6

Bremner v bremner 2000

Answer 6

Wife’s abusive behaviour towards husband made him so ill and unable to work
This amounted to destruction of assets as husband would have more assets if he was able to work
Husband given larger proportion when couple divorced
(Under special circumstances s. 9(1)(a)

Question 7

Louden v louden 1994

Answer 7

Wife was awarded capital sum of 40,000 about 5% of matrimonial property in this case
Awarded as recognition of her giving up career as secretary to look after couples children
S. 9(1)(b)

Question 8

G v G 2016

Answer 8

Parties had been in long marriage
Wife financially dependent on husband, high standard of living including raising horses
Count clear that purpose of order under 9(1)(b) is not to continue the high standard of living
Allowed her to keep horses and get back in job market
Ordered allowance £2000 per year and £1500 years after that (up until 3 years)

Question 9

Bell v bell 1988

Answer 9

Wife 51, poor employment prospects out of job market for a long time
Entitled to monthly payments of £300
He was 53 at the time and had to pay her until he reached retirement age
S. 9(1)(e) goes against clean break so last resort