See the The Divorce etc. (Pensions) (Scotland) Regulations2000. Section 4 provides:
4. ApportionmentThe value of the proportion of any rights or interests which a party has or may have in any benefits under a pension arrangement or in relevant state scheme rights as at the relevant date andwhich forms part of the matrimonial property by virtue of section 10 (5) shall be calculated inaccordance with the following formula: A x B/C whereA is the value of these rights or interests in any benets under the pension arrangementwhich is calculated, as at the relevant date, in accordance with paragraph (2) of regulation3 above or, as the case may be, is the value of relevant state scheme rights which are calculated, as at the relevant date, in accordance with paragraph (2) of regulation 3A above ] 2; andB is the period of C which falls within the period of the marriage of the parties before therelevant date and, if there is no such period, the amount shall be a zero; andC is the period of the membership of that party in the pension arrangement before therelevant date or, as the case may be, the period during which that party has held relevantstate scheme rights before the relevant date.
So what that means is value x period of membership during the marriage divided by total period of membership of the pension scheme. The period is generally expressed in days. I hope that helps. Please leavea positive rating so that I am credited for my time.
Thanks for your question. I am a solicitor in Scotland. The rule is A times B divided by C. A is the value of your pension on a CETV basis at the date of separation. C is the number of days you have been a member of the scheme. B is the number of days you have been a member of the scheme and married. So if your CETV was £100000 and you have been in the scheme for 23 years (I'm using years instead of days because it's easier) and you were married for 3.5 years, the amount of your pension which would be attributed to matrimonial property would be £100000 times 3.5 divided by 23. So £15,217. So you are quite right. Tell your lawyer to read The Divorce etc. (Pensions) (Scotland) Regulations 2000. I hope that helps. Please leave a positive rating so that I am credited for my time.
The 2000 Act is the law and would have to be applied by the court in determining the value.
i will have to look at Westlaw for you and you can also look at www.scotcourts.gov.uk where there are a lot of decided cases. Has your wife's lawyers come up with any cases or are they just making it up as they go along?
I take it your lawyer has quoted the regulations at them?
Difficult to do where they are just ignoring the regulations. It's like them saying that a car runs on petrol when it actually runs on diesel. There are some cases on regulation 4 of the 2000 Regulations and all acknowledge that the correct way to do this is statutory so they just can't make it up as they go along. Your lawyer has to put them in a corner and ask them to state the legal basis for their methodology and also has to make it clear that if they try to litigate something which has no legal cases you will seek the full legal expenses of doing so from them. The cases which are cited on Westlaw, and they may be generally available online, are as follows:
McDonald v McDonald  CSIH 61; 2015 S.L.T. 587; 2015 Fam. L.R. 112; 2015 G.W.D. 27-473 (IH (Ex Div))TCM v AFMM 2014 Fam. L.R. 11 (Sh Ct (Lothian) (Edinburgh))