Here the pursuer sought decree of divorce from the defender in respect that the marriage has broken irretrievably by reason of the defender's behaviour and the defender sought a capital sum of £350,000. The main disputerelated to the defender's claim for a capital sum. There was, however, agreement between the parties that the date of separation for the purposes of ascertaining the nature and extent of matrimonial property was 5 November 2001. There were two issues:- (1) whether the increase in the balance on the pursuer's capital account in the firm of Messrs Marshall & Sons from the date of marriage to the date of separation was matrimonial property and (2) whether the pursuer's interest in heritable property at Hangingshaw and Heriot Toun was matrimonial property. The court here considered the level of capital sum to be paid to the defender.
Court: Court Of Session (Scotland)