Pensions on Divorce
Pension assets may form a significant part of matrimonial resources.
Options include:
- Pension sharing orders
- Pension attachment
- Offsetting against capital
Expert reports are often required.
What Pension Division Involves
Pension assets may form a significant part of matrimonial resources. In many cases, the value of pension rights built up during the marriage is substantial, and the way in which pension assets are treated can have a significant impact on the overall outcome. The court has a range of options: pension sharing, which transfers a percentage of one party's pension rights to the other; pension attachment, which provides for payments to be made when the pension comes into payment; and offsetting, where one party retains the pension and the other receives a greater share of other assets.
Each option has different practical consequences. Pension sharing creates a clean break and gives the recipient their own pension rights. Pension attachment creates a continuing link between the parties. Offsetting may be appropriate where the pension is difficult to transfer or where the parties prefer a different capital distribution. Expert reports are often required to value pension rights and to advise on the options available. The court will usually need to understand the value of the pension, the form of the scheme, and the practical implications of each option.
When Representation May Be Needed
Representation may be needed where pension assets form a significant part of the matrimonial pot, where the parties disagree about how pensions should be treated, or where expert evidence is required to value pension rights and advise on the options. It may also be needed where one party has substantial pension rights and the other has limited pension provision, or where the case involves complex pension arrangements such as defined benefit schemes, multiple pensions or pension rights that have been built up before and during the marriage.
The approach taken is measured and evidence-based. Pension division cases often require careful analysis of the available options, the practical consequences of each and the overall fairness of the proposed outcome. Proper preparation assists in presenting the case in a way that allows the court to make an informed decision. A pension expert report may be required to value the rights and advise on the practical implications of sharing, attachment or offsetting.
Direct Access and Litigation
Public Access accepted where suitable.
Acting Throughout England & Wales
Representation nationwide.