Rebecca Dziobon#1339

Rebecca Dziobon

Senior knowledge lawyer, Penningtons Manches Cooper
Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives
Contributed to

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Drafting pension orders in family proceedings
Drafting pension orders in family proceedings
Practice notes

This Practice Note sets out the formalities that must be taken into account when considering the terms and the drafting of a financial order made in family proceedings that includes provision in relation to pensions. It also details potential pitfalls and issues to consider when agreeing the terms of the order, including implementation issues and the consequences of death.

General principles—pensions in family proceedings
General principles—pensions in family proceedings
Practice notes

This Practice Note sets out an overview of the options available in relation to pensions on divorce, nullity, judicial separation or dissolution of a civil partnership, including offsetting, pension sharing and pension attachment orders, and orders that may be made by the courts. It also considers the courts’ approach to pensions and the impact of pensions reform and Brexit.

Implementation of pension orders in family proceedings
Implementation of pension orders in family proceedings
Practice notes

This Practice Note sets out the steps to be taken following the making of a pension order in family proceedings, key stages and requirements including ascertaining the valuation date, transfer day and transfer date, and effective date together with the requirements as to the implementation period as provided for in the Welfare Reform and Pensions Act 1999. It also considers implementation after the specified four-month period has expired and potential problems with implementation including pensions in payment and ‘moving target syndrome’.

Insurance considerations on divorce or dissolution
Insurance considerations on divorce or dissolution
Practice notes

This Practice Note considers the various types of insurance policies that may be held by parties to financial family proceedings, including life assurance, medical insurance and endowment policies. It also sets out the circumstances in which it may be desirable for a new policy to be put into effect and drafting considerations when dealing with insurance policies.

International aspects of pensions on divorce etc
International aspects of pensions on divorce etc
Practice notes

This Practice Note sets out different types of overseas pension plans and their features as well as valuation, procedural and enforcement issues that may be encountered by family practitioners when dealing with overseas pensions within financial proceedings, as well as the impact of Brexit.

Introduction to trusts within financial proceedings
Introduction to trusts within financial proceedings
Practice notes

This Practice Note provides practical guidance on what a trust is and the treatment of trust assets in family financial remedy proceedings. It also considers relevant case law, the circumstances in which trust assets may be considered to be available to a party as a financial resource, and ‘judicious encouragement’ orders in relation to the trustees of a trust.

Pension attachment orders
Pension attachment orders
Practice notes

This Practice Note explains what a pension attachment order made in family proceedings (previously referred to as an earmarking order) is and sets out which pension interests can be attached and which cannot. It also details the key features of a pension attachment order, the risks of such orders and steps that may be taken to reduce risk, variation issues and tax consequences.

Pension sharing orders
Pension sharing orders
Practice notes

This Practice Note explains what a pension sharing order is within family proceedings and sets out which pension interests can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation issues, tax consequences and the approach to overseas pensions.

Pensions and judicial separation
Pensions and judicial separation
Practice notes

This Practice Note sets out the pension options in relation to judicial separation proceedings, where pension sharing is not available. It outlines pension attachment orders and offsetting as well as other potential solutions to protect pension interests and procedure, valuation, appeals and the effect of remarriage.

Pensions on divorce etc—variation and appeals
Pensions on divorce etc—variation and appeals
Practice notes

This Practice Note provides guidance on the variation of pension sharing orders and pension attachment orders made in family proceedings, together with appeals. It also sets out the procedural aspects of both variation and appeals and considers capitalisation applications.

Pensions—financial remedy procedure
Pensions—financial remedy procedure
Practice notes

This Practice Note sets out the procedure to be followed when applying for a pension sharing order or a pension attachment order within family proceedings including the form of application, information required in relation to the pension scheme, steps to be taken during the proceedings, drafting the order, and steps to effect implementation. It also details the requirements for the use of Form P1 or Form P2.

Pensions—glossary
Pensions—glossary
Practice notes

A glossary for family lawyers of commonly used terminology in relation to pension provision, including the wide range of pension schemes available, methods of funding and administering schemes, and the ways in which pensions may be dealt with on relationship breakdown within family proceedings.

Pensions—the state pension
Pensions—the state pension
Practice notes

This Practice Note sets out the different types of state pension, the qualifying criteria, implications within divorce/dissolution proceedings, obtaining information and disclosure, and orders that may be made by the court in family proceedings. It reflects the reform of state pensions and provides guidance on the consequences in a family law context.

Public sector pensions and family proceedings
Public sector pensions and family proceedings
Practice notes

This Practice Note sets out the various types of public sector pension schemes and specific factors to take into account when dealing with such schemes in the context of family proceedings including key features, contributions, benefits, valuation and recent and future reforms. It also details key practical points to note when dealing with a public sector pension.

The Pension Protection Fund and family proceedings
The Pension Protection Fund and family proceedings
Practice notes

This Practice Note sets out the criteria for the Pension Protection Fund to pay compensation to the members of an occupational pension scheme, and the method and consequences of assessment for entry into the scheme in the context of family proceedings. It also sets out the implications in relation to divorce/dissolution proceedings, the relevant procedure within financial remedy proceedings, and the scope of the separate Financial Assistance Scheme.

Trusts in financial proceedings—evidence and procedure
Trusts in financial proceedings—evidence and procedure
Practice notes

This Practice Note considers the key procedural aspects of family proceedings involving trust assets including the issue and service of proceedings. It sets out steps to be taken to join either a trustee or a third-party beneficiary to the proceedings, together with evidential issues. It considers the courts’ powers to compel a person who is not a party to provide disclosure.

Trusts within financial proceedings—enforcement
Trusts within financial proceedings—enforcement
Practice notes

This Practice Note sets out considerations and practical steps to be taken when dealing with enforcement in relation to trusts within family proceedings, including offshore trusts, and the approach that may be taken by offshore trustees to orders made in family proceedings in this jurisdiction. It considers enforcement on the variation of a nuptial settlement, exclusive jurisdiction clauses, enforcing a finding of sham or invalidity, enforcing ‘judicious encouragement’ orders and trustee submissions.

Trusts—trustees in financial proceedings
Trusts—trustees in financial proceedings
Practice notes

This Practice Note examines the duties, responsibilities and powers of trustees in the context of family proceedings. It also looks at the court’s role in supervising trustees, the duty of confidentiality, the implications for disclosure, requests for disclosure by a beneficiary, non-beneficiary party or the court, and letters of wishes. It considers the trustees exercise of discretion to assist a beneficiary and ‘judicious encouragement’ orders in relation to the trustees of a trust.

Trusts—using trusts or property law in financial proceedings
Trusts—using trusts or property law in financial proceedings
Practice notes

This Practice Note considers trusts and property law that may be applicable in family proceedings including invalid or sham trusts and property law issues such as proprietary estoppel and improper transfers. It also looks at the circumstances in which the use of such law may assist a party in family proceedings and the information required to put forward property or trusts law arguments.

Trusts—variation of a nuptial settlement
Trusts—variation of a nuptial settlement
Practice notes

This Practice Note sets how a nuptial settlement may be defined within family proceedings, when it may be capable of variation, and the powers of the court to vary a nuptial settlement under section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) and the equivalent provisions in Civil Partnership Act 2004 (CPA 2004). It also considers the courts’ approach, specific issues in relation to international trusts, and relevant case law, including the Supreme Court decision in Prest v Petrodel Resources.

Practice Area

Panel

  • Contributing Author

Qualifications

  • LPC
  • GDL
  • First Class BA (Hons), Art History

Education

  • Exeter University
  • Sussex University

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