Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

28 MAY 2008

PENSIONS/ANCILLARY RELIEF: R (Thomas) v Ministry of Defence [2008] EWHC 1119 (Admin)

(Administrative Court, Queen's Bench Division; Wyn Williams J; 22 May 2008)

On divorce the judge made a pension sharing order in the wife's favour. The wife could only take the benefit of the pension when she became 60, although the husband, also less than 60 years old, was already in receipt of his share. Although R (Smith) v Secretary of State for Defence [2004] EWHC 1797 (Admin) had decided that such an arrangement was not a violation of human rights, the wife sought judicial review, arguing that the provisions preventing her from receiving a pension before her 60th birthday were discriminatory under European Community law, because the pension was to be considered as pay within European Community Treaty, Art 141(1).

The judge refused judicial review. While the share of the pension being paid to the husband could be defined as pay within Art 141(1), an order in ancillary relief proceedings following a divorce to the effect that the wife should receive part of that pension did not convert the share received by her into 'pay' for Art 141(1) purposes.

Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Subscribe to our newsletters