Berry v Berry (No 2) 1989 SLT 292

Citation: Berry v Berry (No 2) 1989 SLT 292

Link to case on WorldLII (reference).

Rule of thumb: In a divorce, how does the money get divided up? The basic way is to add everything up to get a total, sell it all, and give each 50% of the money. That is the basic general starting point – there are many, many exceptions however in practice, and the Court also has a lot of discretion as to the percentage split & the best way to split up the assets, which means that the assets are rarely divided up this way.

Judgment:

“The method of sale sought by the defender [an order for the sale of the pursuer’s share at a valuation fixed by the reporter] is not one which is referred to in textbooks, nor is it supported by any of the authorities to which my attention was directed, and I am not prepared to countenance it.. wide discretion to lay down the method of sale ... not regard it in the best interests of both parties that the method sought by the defender was the most appropriate one ... the best interests of both parties would be properly served by obtaining the highest price for the property, and that, as the Lord President pointed out in Campbells v Murray is by sale by private treaty in the open market” (1989 SLT at 293F-G) Lord Cowie ‘The circumstances there were very special and do not support the general proposition that I have a wide discretion enabling me to lay down, in the absence of agreement between the parties, how the subjects should be disposed of.” Lord Cowie

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.