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Non-matrimonial property and sharing: Scatliffe v Scatliffe [2016] UKPC 36
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The Board dismissed a husband’s appeal from the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) but used the ‘ill-starred appeal’ to give guidance to the local courts on the treatment of non-matrimonial property in applications for ancillary relief.
Background facts
The husband (‘H’) and the wife (‘W’) were married in 1971. They lived in the British Virgin Islands. Together they shared two children of adult age. H had two adult children assumed by the court to be from a previous relationship. H and W made full contributions to the family: H had managed a number of businesses throughout the marriage and had entered into successful property ventures; W had worked for 8 years in the early part of the marriage; thereafter she had assisted H in his businesses and had been a homemaker. The marriage encountered difficulty and in 2009 W was awarded a decree of divorce in spite of H’s defence of the petition.
The case was heard by the local courts at first instance. The case was appealed and cross-appealed to the Court of Appeal of the Eastern Caribbean...
Read the full article here.
