The following Family guidance note Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper LLP provides comprehensive and up to date legal information covering:
Standard financial orders, including in relation to pensions, have been issued as part of the standard orders project, see Practice Note: Standard orders—general principles and Precedent: Standard order 2.1—financial remedy order—omnibus.
The use of the standard orders has been strongly encouraged by the President of the Family Division, see News Analysis: Financial and enforcement standard orders to be placed on a more ‘formal footing’.
This Practice Note sets out the formalities that must be taken into account when considering the terms and the drafting of a financial order that includes provision in relation to pension rights, together with potential pitfalls and issues to consider when agreeing the terms of the order including implementation issues and the consequences of death.
The Family Procedure Rules 2010, SI 2010/2955, 9.35 provides that any financial order that includes a pension sharing or attachment order must:
state in the body of the order that there is to be provision by way of pension sharing or pension attachment in accordance with the annex or annexes to the order
be accompanied by an annex in:
Form P1—for a pension sharing order, or
Form P2—for a pension attachment order
include an annex for each pension if there is more than one pension arrangement to be shared/attached
For guidance on the procedural steps to take post order, and the mechanics
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.