Mrs Maxine Anne Day or Willson v. Andrew Willson [2008] CSOH 161

Proof:- On 21 April 2001 the parties married and lived together until 11 October 2005 when they agreed to separate. Thereafter, divorce proceedings were raised and the pursuer sought decree of divorce from the defender on the basis that the marriage had broken down irretrievably on account of the defender's behaviour. The defender did not defend the action on the merits of the cause. Here the court considered that the court had jurisdiction. Following proof in which the court heard evidence of the bullying and controlling behaviour towards the pursuer by the defender the court concluded that there was evidence sufficient to justify decree of divorce on the ground that the marriage had broken down irretrievably because of the defender's behaviour and decree of divorce was pronounced. Here the court considered, as at the relevant date, the net value of the matrimonial property 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.

Court: Court Of Session (Scotland) Click on this link to access the full judgement.