Select Committee on Social Security Fifth Report



Page 59, Part VI

  Insert, in this Part, a section empowering the Secretary of State to make regulations extending pension sharing to agreements of a prescribed kind.

Page 61, line 30 (Clause 70(3))

  Omit the words "or 31(7B)".

Page 62, line 23


  "( ) Nothing in this section shall be taken as preventing an application for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984 which is made after the commencement of this Act in relation to a foreign divorce before that commencement."

Page 69, line 48 (Schedule 3 paragraph 3)

  In (a), after "is", insert "already".

Page 72, line 5 (Schedule 3, paragraph 9—Appeals)

  Omit this paragraph in its entirety.

Page 72, line 38

  For "SECTIONS 25B" substitute "SECTIONS 25" and insert—

  "( ) Section 25 of the Matrimonial Causes Act 1973 is amended as follows:

    "After subsection (2) there is added—

    "(2A) As regards the exercise of the powers of the court under sections 24B to 24E above, the court shall also have particular regard to the following matters—

    (a)  the period over which pension rights have accrued, compared with the length of the effective marriage;

    (b)  the desirability of each party being able to maintain himself in retirement;

    (c)  the need to preserve a fair balance between capital and income, and between liquid and non-liquid assets;

    (d)  if either party has not yet attained retirement age, the period of time that must elapse before he does so;

    (e)  the possibility of future marriage or divorce for either party and the probable effect of such marriage or divorce on his pension position;

    (f)  the importance of bringing litigation to an end between the parties.

    "(2B) For the purposes of subsection (2A) above—

    `pension rights' means relevant rights or relevant state scheme rights;

    `effective marriage' means the period of time from the date of the marriage to the date when the parties ceased to live together, or if earlier, the date when the statement of marital breakdown was received by the court;

    `retirement age' means:

    `pension position' means the sum of pension rights of that party at a given date."

Page 72, line 38 (Schedule 4, paragraph 1(6)—Percentage orders)

  Omit this paragraph.

Page 75 line 30 (Schedule 4, paragraph 3(5))


    "(f) any other pension arrangements of a description which may be prescribed by regulations made by the Secretary of State."

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