Select Committee on Social Security Fifth Report


Letter to the Clerk of the Committee from the Association of District Judges (PS 6)

  Thank you for your letter of the 12 February which, regrettably, only reached me on the 1st March. Accordingly, time constraints prevent me from submitting a further detailed response. However, the position of my Association has not changed since our response submitted in July 1998 to the consultation documentation. Broadly our position can be summarised as follows:

  1. It is appropriate that legislation should be introduced in order to bring about certainty in the otherwise uncertain area of pension sharing on marital breakdown.

  2. It follows necessarily that any such legislation must itself be capable of easy and unambiguous interpretation, and must not create an obstacle in the path of mediation and compromise of ancillary relief claims.

  3. The Association supports the view that the issue of pension sharing must be viewed together with all the other relevant financial circumstances, and against the criteria set out in s.25 Matrimonial Causes Act 1973 (as amended).

Jeremy Rawkins

District Judge

3 March 1999

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