header-logo header-logo

27 June 2014 / Ferdinand Lovett
Issue: 7612 / Categories: Opinion , Divorce
printer mail-detail

Is cash king?

lawinheadlines_lovett

Ferdinand Lovett considers the potential impact of the recent Budget changes on pensions on divorce

Courts dealing with divorce settlements have historically treated the pension rights of either divorcing party differently from other assets, such as savings, shares or property. For the time being, this makes sense: pension rights are, in most cases, illiquid assets in comparison to other forms of property. They are used to obtain a stable future income stream rather than cash for the here and now.

But will this all change from April 2015, if the proposed liberalisation of the rules governing access to defined contribution (DC) pension savings hit the statute books in substantially the same shape as set out in the 2014 Budget? Certainly, the recent Queen’s Speech indicates this is still the plan (“Legislation will be brought forward to give those who have saved discretion over the use of their retirement funds.”)

Broadly, it is proposed that everyone will have the flexibility to take their DC benefits from age 55 “whenever and however they wish”, regardless of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll