*McDonald v Newton or McDonald (Scotland)

Divorce – Financial provision. In ascertaining what proportion of the former husband's pension rights fell within the definition of matrimonial property, within the meaning of s 10(5) of 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. Accordingly, it allowed the wife's appeal against the decision of the Court of Session, Inner House (Scotland), which had held that the phrase 'period of membership' had been confined to the husband's time as an active member of the scheme.

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