PART 4Pension compensation sharing and qualifying agreements (Scotland)

Circumstances in which an agreement is to be entered into, in order to be considered a β€œqualifying agreement” for the purposes of section 110(1)(a) of the Act8.

The circumstances prescribed for the purposes of section 110(1)(a) of the Act are that β€”

(a)

the transferor has notified the Board that a qualifying agreement which makes provision corresponding toβ€”

(i)

a pension compensation sharing order under section 8 of the Family Law (Scotland) Act 1985; or

(ii)

a capital sum order made under section 8 containing provision by virtue of section 12B of that Act,

is to be made; and

(b)

the transferor and transferee have entered into the agreement in order to determine the financial settlement on divorce or dissolution of a civil partnership.