‘ 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 financial provision. It is a central principle in the 1985 Act relating to such financial provision that ‘the net value of the matrimonial property’ should be shared fairly between the parties to the marriage. This appeal raises the question as to what proportion of a person’s pension rights falls within the definition of ‘matrimonial property’. In particular, is it necessary that the holder of the pension rights contributed to his or her pension during the marriage in order for any part of his or her interest in the pension to be matrimonial property?’
Held: The appeal was allowed: ”period of the membership’ in regulation 4 of the 2000 Regulations refers to the period of the person’s membership of the pension arrangement, whether or not contributions are being made to that arrangement in that period.’
Judges:
Lady Hale, Deputy President, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge
Citations:
[2017] UKSC 52, 2017 GWD 23-395, 2017 Fam LR 78, 2017 SC (UKSC) 142, 2018 SCLR 26, 2017 SLT 837, UKSC 2016/0015
Links:
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 20170511 am Video
Statutes:
Family Law (Scotland) Act 1985, Divorce etc (Pensions) (Scotland) Regulations 1996, Divorce etc (Pensions) (Scotland) Regulations 2000
Jurisdiction:
Scotland
Citing:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 31 August 2022; Ref: scu.591175
