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10 July 2019
Issue: 7848 / Categories: Legal News , Divorce , Family , Pensions
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Confusion about pensions & divorce highlighted

Many individuals who divorce are losing out due to a lack of understanding of pensions, lawyers have warned.

Last week the Nuffield Foundation’s Pension Advisory Group (PAG) published 'A Guide to the Treatment of Pensions on Divorce' for family lawyers and the public. PAG is composed of judges, lawyers, actuaries, financial planners and academics.

Withers partner James Copson, a co-author of the guide, said: ‘Before pension sharing was introduced in 2000 many women lost out on divorce because they could not share their husband's pension.  

‘In the years since a lack of understanding of the complex issue of how to deal with pensions on divorce has meant that they have lost out once more. What worries me is that, when the waves roll back to uncover the true financial impact of the profession's failings on the subject of pension sharing, there will be a tidal swell of negligence cases against lawyers. 

‘Very few family lawyers really get to grips with the true value of a couple's pensions both at the outset and when negotiating financial awards.’

Meanwhile, the Law Society has called on the government to cut the current £550 court fee for divorce applications.

Giving its written evidence to the bill committee on the Divorce, Dissolution and Separation Bill, the society said the fee added an extra financial hurdle to what was already a costly process. Law Society president Simon Davis said: ‘The government’s new online divorce system will cut the cost of administration for the courts and this should be reflected in application fees.’

The Bill introduces ‘no fault’ divorce, the option to file a joint divorce petition and a 26-week notice period instead of the current two- or five-year separation period.

Issue: 7848 / Categories: Legal News , Divorce , Family , Pensions
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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