McDonald v Newton or McDonald

Husband and wife – Divorce – Financial provision – Pension sharing order. Court of Session: Refusing an appeal concerning a wife's claim for a pension sharing order, in which the issue was what proportion of the value of the husband's rights or interests in an occupational pension scheme was referable the period of the marriage prior to the date of separation, the court held that the sheriff had correctly preferred the husband's approach to the Divorce etc. (Pensions) (Scotland) Regulations 2000, which was to confine consideration to the period during which he had made pension contributions: 'membership', in reg 4, ought, accordingly, to be read as restricted to 'active' membership as defined in s 124(1) of the Pensions Act 1995.

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