Q&As

How will the courts approach a pre-marital pension on divorce after a long marriage of over 35 years?

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Published on LexisPSL on 18/09/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • How will the courts approach a pre-marital pension on divorce after a long marriage of over 35 years?

Case law examples where pre-marital contributions to pensions have been considered by the court include:

  1. in WM v HM Mostyn J excluded from the value of the husband's pension the sum of £1m which he accepted as a reasonable value to attribute to the husband's premarital pension pot (see para [27], note 3)

  2. in S v S (divorce: distribution of assets) the pre-marital pension rights were not excluded because the transfer of the pension fund to a self-invested personal pension (SIPP) converted the funds to 'matrimonial property', whereas without

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