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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I have used this service previously I am in process of

Resolved Question:

Hi there,
I have used this service previously
I am in process of divorce with my ex wife and my private pension matrimonial asset is a key subject of disagreement. My research and knowledge leads me to believe the equation of no. yrs married / no. yrs pension been running X CETV at seperation date.
I have had short marriage of only 3.5 yrs and pension been running from 1993 till now and still Im paying into it. Can you advise on this as I feel my present lawyer not sufficiently knowledgable on this areal
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

See the The Divorce etc. (Pensions) (Scotland) Regulations
2000. Section 4 provides:

4. Apportionment
The 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 and
which forms part of the matrimonial property by virtue of section 10 (5) shall be calculated in
accordance with the following formula: A x B/C where
A is the value of these rights or interests in any benets under the pension arrangement
which is calculated, as at the relevant date, in accordance with paragraph (2) of regulation
3 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
; and
B is the period of C which falls within the period of the marriage of the parties before the
relevant date and, if there is no such period, the amount shall be a zero; and
C is the period of the membership of that party in the pension arrangement before the
relevant date or, as the case may be, the period during which that party has held relevant
state 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.

Expert:  JGM replied 1 year ago.

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.

Customer: replied 1 year ago.
Thks got reply . I need to understand that such criteria are referred to in court s s stand up against argument from my ex wife's solicitor who are trying to state the assented rise in pension between start of marriage and separation date , 3.5 yrs
Customer: replied 1 year ago.
Sorry type errors on my iPhone . I mean her lawyer trying to state asset is total growth in pension between marriage date and separation date, only 3.5 yrs . Clearly this takes no account of pension value I built up before getting married, hence I need to know a court would agree our argument based on 2000 act equation. Thks. Martin
Expert:  JGM replied 1 year ago.

The 2000 Act is the law and would have to be applied by the court in determining the value.

Customer: replied 1 year ago.
Are there any cases shown on web where this has been applied in court as I've been unable to find any that we can use against my ex wife's lawyers argument
Expert:  JGM replied 1 year ago.

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?

Customer: replied 1 year ago.
They are making it up as they go along and their money claims are based in different reasons from letter to letter ! I've offered a settlement figure through my
Lawyer and it's been rejected on 2 occasions . I now want to push ahead with a very clear statement in actual pension asset they can claim on
Expert:  JGM replied 1 year ago.

I take it your lawyer has quoted the regulations at them?

Customer: replied 1 year ago.
She has tried and basically they ignore them , but cost of going to court is an issue , so we now need to strongly force our points and wait till offer gets accepted as I'm sure her lawyer knows she can't win her case with her existing approach
Customer: replied 1 year ago.
Any advice for moving forward in a different manner would be appreciated
Expert:  JGM replied 1 year ago.

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
[2015] 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))

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