Wednesday, January 14, 2009

Ruth Cronin MacInnes or Smith v. Colin Andrew Smith

Euan Dow of CaseCheck reports the case Ruth Cronin MacInnes or Smith v. Colin Andrew Smith [2009] CSOH 2 heard on 5 January 2009 when the wife sought, among other things, a periodical allowance and a capital sum payable on the sale of the former matrimonial home. Given the pursuer's age and poor health, and having regard to the income likely to be available to her, which will be far below the income of the defender the court awarded the wife a periodic allowance for a period of three years in the sum of £2,000 per month.

A further award of periodic allowance was considered under the principle contained in section 9(1)(e) of the Family Law (Scotland) Act 1985 - "a party who at the time of the divorce seems likely to suffer serious financial hardship as a result of the divorce should be awarded such financial provision as is reasonable to relieve him of hardship over a reasonable period." Lord Malcolm concluded that a periodic allowance was appropriate and awarded £1,500 per month after the initial three years until the defender's retirement.

A capital sum payable on the sale of the former matrimonial home was not fixed because of the uncertain property market and it will be open to parties to apply for an appropriate order.


Anonymous,  29 January, 2009 18:21  

Maybe the wife should have considered going out and getting a job. Her poor health does not stop her doing any of her recreational activites.Why should the husband be penalised for her choice to not work because he is still working.

Fiona 29 January, 2009 19:50  

Hi Anonymous,

Perhaps the wife shouldn't have given up her teaching job, or relocated to Germany and the Netherlands for the benefit of the family and developing the husband's career, but the fact is she did. The award was made because she was disadvantaged by the divorce, not because of her illness.

She is 58 years old, two years before the normal retirement age for teachers, how on earth would she re establish herself in employment during that time?

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