header-logo header-logo

27 June 2014 / Stuart Webber
Issue: 7612 / Categories: Features , Divorce , Family
printer mail-detail

Pension tension

family_pensiontension

Stuart Webber explains the state of pension sharing orders

Pension sharing orders have now been available to the matrimonial court for over 13 years. They allow for the redistribution of parties’ pension resources upon divorce (or nullity or civil partnership dissolution) by means of transferring a percentage of a pension fund’s cash equivalent (CE) value to a pension fund for the ex-spouse. In the present social and economic climate, with an ageing population and a political will to restrict the welfare budget, private pension provision has rarely been more important. However, the most recent Ministry of Justice figures available show that pension sharing orders, together with the far rarer pension attachment orders, feature in only around 8% of divorces reaching decree absolute (Judicial and Court Statistics—2011 report).

In financial negotiations and proceedings upon divorce, pensions are generally, and rightly, treated by practitioners and the courts as being a distinct class of asset. Lord Justice Thorpe, in Maskell v Maskell [2001] EWCA Civ 858, [2001] 3 FCR 296 criticised an approach equating pension assets with

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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll