Intention at purchase key to matrimonial property dispute

Intention at the time of purchase was pivotal in determining whether a property acquired prior to marriage constituted matrimonial property. In F v R [2018] SC EDIN 51; 2018 GWD 31-392 the sheriff determined that at the time of purchase the on-off relationship was off, and husband R was not contemplating family life with F.

Even if that was not the case, the husband’s powerful special circumstances arguments would have been persuasive.

But in making full use of the s 9 principles the wife was able to obtain a capital sum of £82,000 under s 9(1)(c) to reflect her reduced earning capacity, and three years of periodical allowance under s 9(1)(d).

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