*MacDonald v Newton or McDonald

Divorce – Financial provision. The appellant won her appeal challenging what proportion of her former husband's pension rights fell within the definition of matrimonial property. In ascertaining the matrimonial property under the Family Law (Scotland) Act 1985, the Supreme Court held that the phrase 'period of membership' within reg 4 of the Divorce etc (Pensions) (Scotland) Regulations 2000, SSI 2000/112, was not to be confined to active membership of an occupational pension scheme or membership of another scheme whilst the member had been contributing to it.

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