Bradley v Bradley

Husband and wife – Divorce – Financial provision. Sheriff Appeal Court: Allowing an appeal in divorce proceedings in which the sheriff set aside the parties' pre-divorce agreement on financial provision, the court held that the sheriff erred in finding that the agreement was unfair and unreasonable at the time it was entered into: she erred in finding that the terms of the agreement were unfair and unreasonable because they 'flew in the face of' the principles of the Family Law (Scotland) Act 1985, as there were, for the purposes of s 16(1)(b)) of the Act no such principles, other than fairness and reasonableness, and she also had insufficient factual basis to conclude that the husband had suffered unfair or unreasonable disadvantage as a result of lack of legal advice.

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