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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 16/07/2019

The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • 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?

A pension sharing order is an order made under section 24B of the Matrimonial Causes Act 1973 (MCA 1973) (or civil partnership equivalent) requiring a pension provider to in effect partition a pension and transfer a specified amount or proportion of that pension into a new pension pot for the benefit of the receiving spouse. Unlike a pension attachment order, it operates on the fund so as to create a separate pension provision. This avoids the difficulties that can arise from the reduction of the value of pension payments by taking a lump sum, or payments potentially ceasing on the death of the paying spouse where a pension attachment order is made. For more information see Practice Notes: Pension sharing orders and Pension attachment orders.

MCA 1973

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