Drafting pension orders in family proceedings
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper LLP
Drafting pension orders in family proceedings

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:

  • Drafting pension orders in family proceedings
  • Formalities
  • Tax points
  • Drafting the financial order
  • General pension considerations
  • Pension attachment orders
  • Pension sharing orders
  • Pension sharing orders and pensions in payment
  • Dismissal of pension claims

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.

Formalities

The Family Procedure Rules 2010, SI 2010/2955, 9.35 provides that any financial order that includes a pension sharing or attachment order must:

  1. 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

  2. be accompanied by an annex in:

    1. Form P1—for a pension sharing order, or

    2. Form P2—for a pension attachment order

  3. 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