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

  • Implementation of pension orders in family proceedings
  • Basics
  • Notification of implementation
  • Implementation after the four months has expired
  • Potential problems with implementation
  • Extension of time to implement

Unlike pension sharing orders, there is no complex implementation process for pension attachment orders, see: Pensions—financial remedy procedure—Implementation of a pension attachment order. This Practice Note focuses on the more detailed steps required to implement a pension sharing order. Implementation regarding state pensions is dealt with in the Practice Note: Pensions—the state pension.

It is important to understand the implementation process of a pensions sharing order in order to protect clients’ interests in the post-order period and advise of the possible adverse consequences of delay in implementation to avoid/minimise potential financial losses and any consequential complaints.

Basics

Valuation date

This is the date on which the pension is valued for evidential/negotiation purposes by the person responsible for the pension arrangement (PRPA) ie the pension scheme operator or provider. Note the difference between the valuation date and the valuation day (see Pensions—glossary—Valuation day).

Transfer day/effective date

This is the date on which a pension sharing order takes effect and the recipient of a pension credit becomes legally entitled to the pension credit. A pension sharing order can only take effect on the latter of:

  1. the making of the final decree of divorce/dissolution, or

  2. seven days after the time has expired for appealing the order (ie after 28 days)

Decree absolute should not be obtained until 28 days after the order is made at the