APPENDIX 2
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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