header-logo header-logo

10 July 2019
Issue: 7848 / Categories: Legal News , Divorce , Family , Pensions
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
back-to-top-scroll