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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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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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