The Sheriff found that the terms of a Minute of Agreement between the parties dated 1 July 2003 and registered 8 July 2003 as to financial provision were not fair and reasonable at the time it was entered into by reason of the defender's failure to divulge his re-dress payment of ú16,059.53 from London Life Limited which formed part of the matrimonial property at the relevant date. She found the pursuer entitled to an order in terms of section 16(1)(b) of the Family Law (Scotland) Act 1985 setting aside all terms of the agreement as to financial provision. The appellant argued that, to allow a conclusion to be reached that the terms of the Agreement were unfair and unreasonable at the time it was entered into, it was necessary for the Sheriff to make findings in fact anent the value of the matrimonial property at the relevant date. In the absence of such findings there was no proper basis on which she could conclude that the terms of the agreement were unfair and unreasonable. A further ground of appeal stated:- "Further and in any event in the circumstances the additional policy no 80379701 was not matrimonial property and the learned Sheriff erred in law in so concluding." It was submitted on behalf of the pursuer and respondent that the policy did form part of the matrimonial property and the failure to divulge it was sufficient to allow the Minute of Agreement to be set aside. The appeal considered:- (1) was the policy an item of matrimonial property in terms of the Family Law (Scotland) Act 1985 (2) was the Minute of Agreement between the parties not fair and reasonable at the time it was entered into by reason of the defender and appellant's failure to divulge this policy as part of the matrimonial property at the relevant date, namely 11 August 2000 (3) if the answer to these two questions is "yes", was the pursuer and the respondent entitled to an order in terms of section 16(1)(b) of the Family Law (Scotland) Act 1985 settin! g aside all the terms of the agreement as to financial provision?
Court: Sheriff Court (Scotland)
