Sheriff refuses financial order due to “web of deceit"

In F v F [2019] SC GLA 22, Sheriff Anwar opined that “the pursuer’s web of deceit became so confused and complex that he had found himself caught in its fine threads as he continued to spin his yarn. The defender too was adept at weaving a tale. The story which unfolded before the court during this proof should serve as an object lesson to those seeking financial provisions upon divorce”.

Criticism of the conduct of the proof included the leading of an expert witness despite no CV having been lodged or letter of instruction prepared. The sheriff determined that the pursuer’s agent had lost sight of the role of the solicitor to assess whether the witness had the necessary expertise.

Where the net value of the matrimonial property could not be ascertained or inferred, the court could not engage in guesswork. No financial orders could be made, the pursuer having failed to discharge the onus of establishing a claim for financial provision.