International aspects of pensions on divorce etc
Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper
International aspects of pensions on divorce etc

The following Family practice note produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper provides comprehensive and up to date legal information covering:

  • International aspects of pensions on divorce etc
  • Types of overseas pension plans
  • Pension sharing/attachment and foreign pensions
  • Valuing foreign pensions
  • Overseas divorce/dissolution
  • Cases where the English court does not have jurisdiction under MFPA 1984, Pt III
  • EU Maintenance Regulation, Council Regulation (EC) No 4/2009

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Notes: Brexit and family law, What does IP completion day mean for family law? and Brexit—financial remedies. See also: Benefits and pensions—updated Brexit transition guidance from DWP LNB News 28/12/2020 20.

The combined effects of higher income tax, lower tax relief on pension contributions and the tightening of benefit limits (such as the annual and lifetime allowances) have made overseas pensions attractive to some higher or mobile earners. UK pensions are not liquid assets freely accessible to the pension member, see Practice Note: General principles—pensions in family proceedings. UK pensions are governed by anti-alienation restrictions that mean the pension member cannot deal with the pension funds as they wish, but must wait to receive benefits on reaching the retirement age specified by the scheme rules and must take benefits in accordance with those rules (or in accordance with the pension freedom provisions from April 2015, see: Pensions reform).

The anti-alienation restrictions

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