ANNEX
PROPOSED AMENDMENTS
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
Add:
"( ) 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;
`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))
Add:
"(f) any other pension arrangements of a
description which may be prescribed by regulations made by the
Secretary of State."
|
