How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10090
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I am going through divorce at present and key point is

Customer Question

I am going through divorce at present and key point is apportionment of my pension fund to my ex wife who is now living apart from me and claiming her rightful settlement. When I look at The Divorce etc. (Pensions) (Scotland) Regulations 2000, I can see
how the calculation works, but Value 'A' which is referred to as pension value is NOT clear. I have had personal pension running since 1997 and it had reached a pretty high value by June 2011 when we got married, hence any market investment rise is heavily
weighted to value of pension fund at that point in time. Over the 3 yrs of marriage the pension grew by 54,000 pounds. hence I really am not clear if in the apportionment calculation if I have to use this figure or the TOTAL fund value at time of separation
which is considerably higher. Independent advice would be very helpful indeed for me
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question. The regulations say you take the total CETV value at the date of separation, multiply by the number of months married, then divide by the total number of months membership in the pension scheme.
Customer: replied 11 months ago.
Thks for reply, but is the apportionment then split between the 2 parties ? I am still not sure on how a payment to my ex wife would be calculated, as it seems using the total CETV at point of separation is my asset and then to apportion relevant amount is surely then split between the 2 parties , if the other party has a pension with very little value ?
Expert:  JGM replied 11 months ago.
The sum arrived at is the sum which falls to be divided between the parties fairly in terms of the 1985 Act. The formula is simply the legal way to calculate a value in the same way that a surveyor would value a house or a stockbroker would value shares.
Customer: replied 11 months ago.
Ok so if I calculate a sum of 60,000 from equation , then that represents the marital asset for inclusion overall with other marital assists to be split accordingly ?
Expert:  JGM replied 11 months ago.
Exactly right, yes.
Customer: replied 11 months ago.
Thankyou
Expert:  JGM replied 11 months ago.
You're welcome. Please leave a positive feedback so that I am credited for my time.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.