Margaret Mary McGhee or Sudjic or Campbell [2008] CSOH 101

Matrimonial:- On 23 June 1990 the parties married. At that time, the pursuer was aged 49 and had been married before. She was a school biology and chemistry teacher by profession until she retired in 2000. The defender was 46 and had never married and had been living in Aberdeen as a pharmacist, operating two shops. He was comfortably well off as a bachelor. In this action the pursuer sought capital sum of amounting to one half of the matrimonial property notwithstanding the capital which the defender had at the commencement of the marriage. It was maintained that the pursuer had made a significant contribution to the pharmacy and the development of the properties. It was also maintained that the defender had not suffered any economic disadvantage in moving to Coupar Angus and had made no significant contribution to the pursuer's sons. It was submitted on behalf of the pursuer that equal sharing was the appropriate result. It was submitetd on behalf of the defender that, having regard to the source of the funds or assets, special circumstances existed to justify an unequal sharing of the matrimonial property. It was submitted that any contributions made by the pursuer were heavily outweighed by those of the defender, especially in terms of the pharmacy business existing at the time of the marriage and built up by the defender since then. Here the court considered whether special circumstances existed to justify an unequal sharing of the matrimonial property.

Court: Court Of Session (Scotland)

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