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, Solicitor
Category: Scots Law
Satisfied Customers: 12375
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

I have a large pension circa £1m started 2 years before

This answer was rated:

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

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 10 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 10 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

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.

JGM and other Scots Law Specialists are ready to help you