Pensions and divorce

In proceedings for divorce, nullity, judicial separation or dissolution of a civil partnership, the court has the power to redistribute the benefits derived from pension resources between the parties. Pension sharing is only available where the court will make a final decree, ie the court cannot make a pension sharing order in judicial separation proceedings. Pension rights often form the second largest asset upon marriage or civil partnership breakdown, after the family home.

See Practice Notes: General principles—pensions in family proceedings, Pensions and judicial separation and Pension rights of spouses and civil partners on member’s death.

The following Precedent Letters may be sent by practitioners to their clients: Financial applications to the court—client guide and Financial disclosure and Form E—client guide.

Pension sharing

Pension sharing is the method by which an existing (shareable) pension arrangement is split and divided between the parties following divorce, nullity or dissolution proceedings. It is not a financial provision or property adjustment order but a separate species of order. Pension sharing introduces the concept of pension credits and pension debits. The person with pension rights loses a percentage of their

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