The Divorce etc. (Pensions) (Scotland) Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision with respect to the calculation and verification of benefits under a pension arrangement in relation to actions for divorce or actions for declarator of nullity of marriage.

These Regulations do not affect any action for divorce or any action for declarator of nullity of marriage commenced before 1st December 2000 (regulation 1(2)). For the purposes of these Regulations an action for divorce or declarator of nullity of marriage shall commence on the date of service of the summons (regulation 1(3)).

Regulation 3 provides for the calculation and verification of benefits under a pension arrangement. In particular, provision is made for–

(1) the relevant date for the purposes of valuing benefits under a pension agreement to be the date on which the request for valuation is made to the person responsible for the pension arrangement unless the action for divorce or declarator of nullity of marriage has commenced more than 12 months earlier. In those cases the relevant date for the purposes of valuation will be the date of service of the court summons (regulation 3(3), (4), (5) and (11)); and

(2) the manner of valuation of pension rights where a party is:

(a) a deferred member of an occupational pension scheme (regulation 3(3));

(b) an active member of an occupational pension scheme (regulation 3(4));

(c) a member of a personal pension scheme (regulation 3(5));

(d) a member whose rights are contained in a retirement annuity contract (regulation 3(5) and 3(6));

(e) a member whose pension rights are in payment or holds an annuity contract or holds a deferred annuity contract other than a retirement annuity contract (regulation 3(7), (8) and (9)).

Regulation 4 provides for the apportionment of the value of such benefits. Provision is made apportioning the value of the benefits in accordance with the period of time the party in the pension arrangement has been in both the pension arrangement and in the marriage as a proportion of the period of time that person has been in the pension arrangement (regulation 4).

Regulation 5 revokes regulations 1 and 2 (partially) and regulation 3 of the Divorce etc. (Pensions) (Scotland) Regulations 1996 and regulations 1, 2 and 3 (partially) and regulation 4 of the Divorce etc. (Pensions) (Scotland) (Amendment) Regulations 1997.