Pensions and divorce

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Latest Pensions News

The draft Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2021—key aspects

The following Pensions news provides comprehensive and up to date legal information on The draft Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2021—key aspects

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Pensions weekly highlights—29 July 2021

The following Pensions news provides comprehensive and up to date legal information on Pensions weekly highlights—29 July 2021

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Pensions content

Pension commencement lump sums (PCLSs)

Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part...

How is the National Employment Savings Trust (NEST) different from a typical occupational pension scheme?

How is the National Employment Savings Trust (NEST) different from a typical occupational pension scheme?In this Practice Note, references to the...

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?THIS PRACTICE NOTE APPLIES TO SCHEMES ENTERING THE FINANCIAL ASSISTANCE SCHEME FROM 1...

Retirement schemes for executives—UURBS, FURBS and EFRBS

Retirement schemes for executives—UURBS, FURBS and EFRBSJust as executives tend to enjoy better salary packages than the ordinary workforce, so is it...

Practice notes

Auto-enrolment—the transitional period for DB and hybrid schemes [Archived]

Auto-enrolment—the transitional period for DB and hybrid schemes [Archived]ARCHIVED. This Practice Note has been archived and is not maintained.As...

19th May

Practice notes

The Post-2015 National Health Service Pension Scheme

The Post-2015 National Health Service Pension SchemeCORONAVIRUS (COVID-19) UPDATE: The Coronavirus Act 2020 suspends provisions of the...

Produced in partnership with Paul Carney of Shoosmiths 19th May

Practice notes

Pension bulk transfers—beginners’ guide

Pension bulk transfers—beginners’ guideThis guide is primarily aimed at trainees, newly qualified lawyers and other persons who are new to or...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 19th May

Practice notes

What does ‘contracting-out’ mean for pension lawyers?

What does ‘contracting-out’ mean for pension lawyers?Interaction with the additional State pensionBefore 6 April 2016, there were two levels of State...

19th May

Practice notes

Retirement Annuity Contracts (RAC)—older types of personal pension schemes

Personal pension schemes—central role in private pensions sectorPersonal pension schemes, in their various forms, play a central and important role in...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 19th May

Practice notes

Enhanced protection

Enhanced protectionTHIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMESThe lifetime allowanceWhile there is no limit on the total amount of...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 19th May

Practice notes

Fixed protection 2012 (FP 2012)

Fixed protection 2012 (FP 2012)THIS PRACTICE NOTE RELATES TO REGISTERED PENSION SCHEMESThe lifetime allowanceWhile there is no limit on the total...

19th May

Practice notes

Flexible benefits vs safeguarded benefits

Flexible benefits vs safeguarded benefitsThis Practice Note focuses on the meanings of 'flexible benefit', 'safeguarded benefit' and...

19th May

Practice notes

Bridging pensions

Bridging pensionsThis Practice Note contains references to case law of the Court of Justice of the European Union. Broadly, EU judgments handed down...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 19th May

Practice notes

Normal minimum pension age and protected pension age

Normal minimum pension age and protected pension ageCORONAVIRUS (COVID-19) UPDATE: For the period from 1 March 2020 to 1 November 2020, HMRC granted...

19th May

Practice notes

Investment management agreements—trustee considerations

Investment management agreements—trustee considerationsThe management of assets belonging to another person on a discretionary basis is a 'regulated...

Produced in partnership with Martin Scott of gunnercooke LLP 19th May

Practice notes

The Pension Protection Fund—compensation

The Pension Protection Fund—compensationCORONAVIRUS (COVID-19) UPDATE: As a result of coronavirus, the PPF decided to make certain changes to its...

19th May

Practice notes

How to deal with Beckmann liabilities on a business sale

How to deal with Beckmann liabilities on a business saleTHIS PRACTICE NOTE APPLIES IN RELATION TO OCCUPATIONAL PENSION SCHEMESThis Practice Note...

Produced in partnership with Ginevra Gatrell of gunnercooke LLP 19th May

Practice notes

Pensions Ombudsman determination tracker

Pensions Ombudsman determination trackerThe entries in this tracker are organised by topic, alphabetically. These topics are listed in the Table of...

19th May

Practice notes

Auto-enrolment—certification of DC schemes

Auto-enrolment—certification of DC schemesCORONAVIRUS (COVID-19) UPDATE: On 9 April 2020 the Pensions Regulator (TPR) published ‘Automatic enrolment...

19th May

Practice notes

Anti-franking

Anti-frankingThe conceptIt used to be the case that contracted-out salary-related (COSR) schemes could revalue a deferred member's guaranteed minimum...

Produced in partnership with Peter White 19th May

Most recent Pensions and divorce content

Practice notes

General principles—pensions in family proceedings

General principles—pensions in family proceedingsIn proceedings for divorce, nullity, judicial separation or dissolution of a civil partnership, the...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 2nd Aug

Practice notes

The Pension Protection Fund and family proceedings

The Pension Protection Fund and family proceedingsThe Pension Protection Fund (PPF) was set up by the Pensions Act 2004 (PeA 2004) as a statutory fund...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 2nd Aug

Q&As

Can a pension sharing order be expressed by reference to a lump sum rather than a percentage?

Can a pension sharing order be expressed by reference to a lump sum rather than a percentage?A pension sharing order must be expressed as a percentage...

1st Aug

Q&As

A consent order has been made in another jurisdiction that includes a pension sharing order in relation to a pension located in England and Wales. The pension provider requires an order made in England and Wales. What options are available where neither domicile nor habitual residence can be established in relation to an application under Part III of the Matrimonial and Family Proceedings Act 1984?

A consent order has been made in another jurisdiction that includes a pension sharing order in relation to a pension located in England and Wales. The...

1st Aug

Q&As

If there are new pension assets, can these be shared despite there being a clean break in regard to pension sharing?

If there are new pension assets, can these be shared despite there being a clean break in regard to pension sharing?When a married couple divorce, the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug

Q&As

The respondent wishes to apply for decree absolute, but the financial proceedings remain pending. Will pronouncement of the decree absolute impact on any future pension sharing order? As a Form A has been issued, would the applicant be protected in relation to their pension claim and the strict timelines regarding implementation of a pension sharing order?

The respondent wishes to apply for decree absolute, but the financial proceedings remain pending. Will pronouncement of the decree absolute impact on...

Produced in partnership with Nicholas Starks of St Ives Chambers 1st Aug

Q&As

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

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...

1st Aug

Q&As

Where a pension is already in payment, would a pension attachment order in relation to that pension cease in the event of death or remarriage and would the pension attachment order be capable of being varied?

Where a pension is already in payment, would a pension attachment order in relation to that pension cease in the event of death or remarriage and...

Produced in partnership with Tori Adams of 4 King’s Bench Walk 1st Aug

Q&As

A pension sharing order was made by the court, but wasn’t implemented by the parties. The transferor now wishes to access the pension that was the subject of the pension sharing order, but cannot until the pension sharing order has been implemented. The transferee cannot be located. What action can be taken to vary or discharge the pension sharing order so that the transferor can access their pension?

A pension sharing order was made by the court, but wasn’t implemented by the parties. The transferor now wishes to access the pension that was the...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Q&As

A pension attachment order has been made in relation to an armed forces pension scheme, together with a periodical payments order. Could the pension attachment order be discharged and replaced with a pension sharing order so as to effect a clean break between the parties?

A pension attachment order has been made in relation to an armed forces pension scheme, together with a periodical payments order. Could the pension...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 1st Aug

Q&As

Where there is a decree of judicial separation, if one party died, would the surviving spouse be eligible for a widow’s pension from the deceased party’s pension? Would the surviving spouse also be eligible for the state bereavement allowance (formerly known as ‘widow’s pension’)?

Where there is a decree of judicial separation, if one party died, would the surviving spouse be eligible for a widow’s pension from the deceased...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 1st Aug

Practice notes

Pensions on divorce—issues for pension trustees

Pensions on divorce—issues for pension trusteesTHIS PRACTICE NOTE APPLIES IN RESPECT OF OCCUPATIONAL PENSION SCHEMES ONLYPension attachment and...

Produced in partnership with David Lockett M.A. (Oxon) 31st Jul

Practice notes

Pensions and divorce in Scotland

Pensions and divorce in ScotlandThis Practice Note provides a high-level summary of pension sharing orders on divorce in Scotland as they relate to...

Produced in partnership with Claire Miller of Pinsent Masons 31st Jul

Scottish Law

Q&As

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension credit or will it be paid to the trustee in bankruptcy?

If a pension sharing order is made in divorce proceedings and the recipient of that order is bankrupt, will the bankrupt spouse receive the pension...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Practice notes

Drafting pension orders in family proceedings

Drafting pension orders in family proceedingsStandard financial orders, including in relation to pensions, have been issued as part of the standard...

Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 31st Jul

Q&As

Where a pension sharing order has been made and implemented against a pension arrangement in respect of a spouse from a first marriage, can a pension sharing order be made in relation to the same pension arrangement in divorce proceedings involving a second spouse?

Where a pension sharing order has been made and implemented against a pension arrangement in respect of a spouse from a first marriage, can a pension...

Produced in partnership with Paul Infield of The 36 Group 31st Jul

Q&As

Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?

Where a pension sharing order was made 15 years ago, and hasn’t yet been implemented, is there a time limit as an extension for implementation?Since...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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?

Financial remedy proceedings were settled, and the decree absolute obtained prior to 1 December 2000. Could a pension sharing order now be made by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

A spouse has a large armed forces pension which is already subject to a pension attachment order in favour of their first spouse. As this prevents their second spouse from applying for a pension sharing order against that pension, can the second spouse apply for a pension attachment order in respect of the pension?

A spouse has a large armed forces pension which is already subject to a pension attachment order in favour of their first spouse. As this prevents...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings, or can any additional steps be taken in relation to pension assets at that stage? If no further steps can be taken, how should a future pension sharing order be dealt with in the separation agreement?

When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings,...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 31st Jul

Pensions and divorce

View Pensions by content type:

Latest Pensions News

The draft Occupational Pension Schemes (Collective Money Purchase Schemes) Regulations 2021—key aspects

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Pensions weekly highlights—29 July 2021

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Pensions content

Pension commencement lump sums (PCLSs)

How is the National Employment Savings Trust (NEST) different from a typical occupational pension scheme?

The Financial Assistance Scheme—what are the available benefits?

Retirement schemes for executives—UURBS, FURBS and EFRBS

Most recent Pensions and divorce content

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