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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11681
Experience:  30 years as a practising solicitor.
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I have a large pension circa £1m started 2 years before

Resolved Question:

Hello i have a large pension circa £1m started 2 years before marriage seperation date Sept 2015 pension started payment when i was 50 in March 2008 is there any way i can reduce the pension during the marriage factor back towards the March 2015 date folowing the recent supreme court ruing on mcdonald i live in scotland
Submitted: 3 months ago.
Category: Scots Law
Expert:  JGM replied 3 months ago.

McDonald says that the value of the pension is taken into account even when it is in payment as you are still deemed to be an active member of the pension scheme so it works against the party with the pension. Can you explain your situation a little more insofar as how you think the case of McDonald helps you?

Customer: replied 3 months ago.
Thanks for coming back to me. The McDonald case works against by a value equivalent to 7 years in B in the equation AxB/C The case sets a precedent with little guidance to solicitors but there are references to "special circumstances". I was keen to know if there are any ways I can reduce the additional 7 years in B
Customer: replied 3 months ago.
I need to know when the ruling applies from. For example it comes after an agreed separation date between myself and my ex
Expert:  JGM replied 3 months ago.

A prior authority can be referred to in any court proceedings argued after the authority is handed down by the court. So even if the separation was before the McDonald case, it can still be argued. However, if your case is decided by the court or settled by way of Minute of Agreement already that could not be revisited.

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