McDonald v Flockhart Moffat Newton or McDonald: SCS 11 Aug 2015

(Extra Division, Inner House) W claimed for a pension sharing order under section 8(1)(baa) of the Family Law (Scotland) Act 1985. The Court was now asked: ‘what proportion of the value of her husband’s rights or interests in the British Coal Staff Superannuation Scheme is referable to the period of their marriage which subsisted before the date they separated (see: Section 10(5) of the 1985 Act)?’

Judges:

Lady Smith

Citations:

[2015] ScotCS CSIH – 61, 2015 SLT 587, 2015 GWD 27-473, 2015 Fam LR 112, 2016 SC 118

Links:

Bailii

Statutes:

Family Law (Scotland) Act 1985

Jurisdiction:

Scotland

Cited by:

Appeal fromMcDonald v Newton or McDonald SC 26-Jul-2017
‘ The appellant . . seeks a pensions sharing order under section 8(1)(baa) of the 1985 Act on her divorce from her husband (‘Mr McDonald’) on the basis that his pension forms part of the matrimonial property which is taken into account in fixing . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 31 August 2022; Ref: scu.551725