HELEN TERESA LENAGHAN OR WILSON v. ALASTAIR WILSON

The Sheriff Principal, having resumed consideration of the cause, refuses the appeal; adheres to the sheriff's interlocutor of 6 June 2012; finds the appellant liable to the respondent in the expenses of the appeal and allows an account of expenses to be given in and remitted to the Auditor of Court for taxation; refuses the respondent's motion to certify the cause as suitable for the employment of junior counsel for the purposes of the appeal.

The parties married on 15 September 2001 and separated on 7 February 2006. The marriage was relatively short. There is one child a son Callum born on 25 September 2002 who resides principally with the respondent. Both parties have been significantly involved with Callum's upbringing and welfare throughout his life. Callum sees his father and stays with him on Tuesday and Wednesday nights and alternative weekends during the school term. Callum divides his time between his mother and father during the school holidays.

The sheriff found that it was inappropriate to make an order for capital sum or indeed for transfer of property or a pension sharing order given the parties' capital and pension status. There was no significant difference between the parties' respective pension funds. The parties now live in the properties they owned individually prior to their marriage. These properties are roughly of similar market value. The parties lived in the respondent's property during the course of their marriage.

The appellant is a chartered accountant employed by RBS in Edinburgh. At the time of the marriage the appellant was employed with RBS. He gave up working with RBS to run his own business in 2003. That enterprise does not seem to have been successful and he returned to employment with RBS in 2006 after the separation. He earns a substantial salary in the region of �94,000 per annum.

The history of alimentary payments and CSA payments are set out in the sheriff's findings in fact and note.