What about Pensions?

The Court has three options when considering pensions. The first is known as ‘off-setting’ which means that the court will look at the Cash Equivalent Transfer Values (or ‘CETV’) of the pensions and decides that the person without significant pensions should receive a balancing capital payment in from some other source, eg savings or the family home.

The second option is a ‘pension sharing order’. This means that part or all of an existing pension (or more than one fund) is divided and and passed over to the other person which can either be invested with the same pension company or invested in a new pension.

The third option, which is not often used, is ‘pension attachment’, also known as earmarking. The court has the power to order that a proportion of a pension, once received both as to the annual income and the lump sum, should be paid to the other spouse. The court has the power to order that a proportion of any death in service benefits should be paid to the other spouse as well.

The New ‘no-fault’ divorce law

By Steve | April 6, 2022

The New ‘No-Fault’ Divorce Law Divorce law in England and Wales has been the same since the Matrimonial Causes Act 1973. The old legislation has […]

Read More

The importance of having a Will

By Steve | January 25, 2022

The importance of having a Will A Will is used by your family to determine what will happen to your property after your death. According […]

Read More
Scroll to Top