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18 September 2019 / Grania Langdon-Down
Issue: 7856 / Categories: Features , Divorce , Pensions , Family
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The pension split: unfair shares?

Focusing on the short-term financial needs of clients on divorce can often be to the detriment of their longer-term financial security—but are family lawyers prepared to engineer the drive towards fairness & a pension sharing revolution? Grania Langdon-Down reports

The ‘elephant traps’ surrounding pensions on divorce could see a tidal swell of negligence cases against family lawyers unless they get to grips with the true value of a couple’s pensions, warns James Copson, co-author of a good practice guide.

Research for the ‘Guide to the Treatment of Pensions on Divorce’, published this summer by the Pensions Advisory Group (PAG), found that, of the 369 court files studied, 80% revealed at least one relevant pension and yet only 14% contained a pension order.

Concerns around pension advice has clearly struck a chord with family lawyers, with more than 170 solicitors, barristers, and legal executives responding to a LexisNexis/Mathieson Consulting survey on engaging pension experts in financial settlements.

Half of those responding are highly experienced

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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