Saturday, November 29, 2008

Applying the Law

Most divorces (92% last year) in Scotland are on one of the two grounds of separation, one year with consent or two years without. In the vast majority of cases financial settlements are thrashed out without a court decision and as a consequence there are few opinions (judgments) to refer to. The recent case, Mrs Maxine Anne Day or Willson v. Andrew Willson [2008] CSOH 161, gives an insight into how the law is applied in Scotland and for anyone going through divorce is worth a read. Lord Drumond Young's opinion deals with unreasonable behaviour, the relevant date, the value of matrimonial property, inheritance and whether any economic advantage was derived by either party from contributions by the other and of any economic disadvantage suffered by either party in the interests of the other.

Thanks to Euan Dow and Casecheck for bringing the case to my attention.


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