Pensions and insurance

Q&As

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension credit or will it be paid to the trustee in bankruptcy?

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Practice notes

Drafting pension orders in family proceedings

Drafting pension orders in family proceedingsStandard financial orders, including in relation to pensions, have been issued as part of the standard...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Q&As

Where a pension sharing order has been made and implemented against a pension arrangement in respect of a spouse from a first marriage, can a pension sharing order be made in relation to the same pension arrangement in divorce proceedings involving a second spouse?

Where a pension sharing order has been made and implemented against a pension arrangement in respect of a spouse from a first marriage, can a pension...

Produced in partnership with Paul Infield of The 36 Group 31st Jul

Q&As

Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?

Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?Since...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Financial remedy proceedings were settled, and the decree absolute obtained prior to 1 December 2000. Could a pension sharing order now be made by consent? Or is there an alternative way in which a pension share may be effected by the transferor transferring 100% of a pension fund to the recipient?

Financial remedy proceedings were settled, and the decree absolute obtained prior to 1 December 2000. Could a pension sharing order now be made by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

A spouse has a large armed forces pension which is already subject to a pension attachment order in favour of their first spouse. As this prevents their second spouse from applying for a pension sharing order against that pension, can the second spouse apply for a pension attachment order in respect of the pension?

A spouse has a large armed forces pension which is already subject to a pension attachment order in favour of their first spouse. As this prevents...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Pension rights of spouses and civil partners on member’s death

Pension rights of spouses and civil partners on member’s deathFORTHCOMING DEVELOPMENT: On 20 July 2020, a written ministerial statement was made...

31st Jul

Q&As

When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings, or can any additional steps be taken in relation to pension assets at that stage? If no further steps can be taken, how should a future pension sharing order be dealt with in the separation agreement?

When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings,...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Q&As

Is there any case law that provides that expert evidence in financial proceedings is necessary in particular cases that support the need for an expert pensions valuation?

Is there any case law that provides that expert evidence in financial proceedings is necessary in particular cases that support the need for an expert...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Pensions—financial remedy procedure

Pensions—financial remedy procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Q&As

A party to financial remedy proceedings has failed to provide pension information in accordance with a direction of the court because the pension provider has refused to provide it. Can the other party to the proceedings seek a penal notice and if so, on what basis? How would such an application be opposed?

A party to financial remedy proceedings has failed to provide pension information in accordance with a direction of the court because the pension...

31st Jul

Practice notes

Insurance considerations on divorce or dissolution

Insurance considerations on divorce or dissolutionParties to divorce or dissolution proceedings will have to think carefully about the various...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Practice notes

General principles—pensions in family proceedings

General principles—pensions in family proceedingsIn proceedings for divorce, nullity, judicial separation or dissolution of a civil partnership, the...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Practice notes

Pension sharing orders

Pension sharing ordersThis Practice Note explains what a pension sharing order is within family proceedings and sets out which pension interests can...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Practice notes

International aspects of pensions on divorce etc

International aspects of pensions on divorce etcThis Practice Note sets out different types of overseas pension plans and their features as well as...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Practice notes

Pensions on divorce etc—variation and appeals

Pensions on divorce etc—variation and appealsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Q&As

A periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other spouse. The order was not made as a pension sharing or pension attachment order. The recipient spouse remarried at some point following the order being made, but the payments continued. On the basis that the periodical payments order should have ended on remarriage by virtue of section 28(1)(a) of the Matrimonial Causes Act 1973, how may the overpayments be recovered and from whom?

A periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 31st Jul

Q&As

Is there a specific timescale within which a person responsible for the pension arrangement (PRPA) must revert to the parties in the event that further information is required to implement a pension sharing order?

Is there a specific timescale within which a person responsible for the pension arrangement (PRPA) must revert to the parties in the event that...

31st Jul

Practice notes

Implementation of pension orders in family proceedings

Implementation of pension orders in family proceedingsUnlike pension sharing orders, there is no complex implementation process for pension attachment...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Practice notes

Public sector pensions and family proceedings

Public sector pensions and family proceedingsThis Practice Note sets out the various types of public sector pension schemes and specific factors to...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

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