Pensions can be a very significant asset for many people and something that they would want to protect during their divorce. Instructing one of our expert solicitors can help to protect your and your family’s financial futures.
Navigating a divorce can be complicated and stressful, especially with the added complexity of dealing with the division of finances. Pensions are assets which will need to be considered and that are easily forgotten about, despite them usually being one of the highest value assets that a person may have.
We understand the importance of reaching an agreement with your ex-partner about the division of pensions as well as all other assets. We offer individual advice and support to all our clients and pride ourselves on obtaining the best solution and outcome for you as possible.
Your local divorce and pensions solicitors
Grant Stephens Family Law is a Welsh based firm, founded in Cardiff in 2013. In 2024, we expanded our firm to include an office in Swansea, allowing more clients to access our specialist family law services. Our offices are located in central Cardiff and the SA1 waterfront area in Swansea allowing our clients to attend meetings both in person and via remotely, whatever is more suitable for them.
Grant Stephens Family Law is a boutique law firm based in Wales, specialising in all aspects of private family law. We are recognised as a Top Tier firm by the Legal 500 and regularly receive 5-star reviews for our excellent client care. You can read more about our firm and our testimonials here:
When you begin divorce proceedings, your solicitor will also advise you on the financial aspects of your separation.
Through negotiations with your ex-partner, you will aim to reach a financial settlement which will include consideration of all matrimonial finances to include:
Pensions,
Savings,
Investments,
Income,
Properties,
Business interests,
Assets, and
Liabilities.
Why are pensions so valuable in a divorce?
Pensions, especially if each party has been working for a significant number of years, are often high in value and therefore are a significant asset. Pensions are regularly the most valuable matrimonial financial asset
Do pensions count in a divorce?
People are often unaware that pensions are included in the division of financial assets on divorce despite the fact that as they are something that people contribute to individually, most commonly through workplace or private pension schemes.
Pensions are classed as a matrimonial asset and therefore are capable of division upon divorce.
To find out more about matrimonial vs. non-matrimonial assets, you can read our advice here:
When submitting your financial disclosure at the beginning of your financial proceedings, you must disclose your entire financial provision to include pensions as they are a matrimonial asset capable of sharing.
A matrimonial asset is an asset that has been built up during the marriage or civil partnership and therefore is treated by the courts as a product of a shared life. Matrimonial assets are subject to division in a divorce.
What is the fairness principle?
The division of assets during a divorce will follow the fairness principle rather than a precise 50/50 split.
When you begin the financial proceedings, the starting point when considering settlement options is an equal division of the entire matrimonial pot, including pensions. However, the court consider other factors to determine what is a fair division for both parties and this may mean a move away from equality. These factors include:
the income, earning capacity, property and resources of the parties,
the financial needs, obligations and responsibilities of the parties,
the standard of living enjoyed by the family,
the age of each party and the duration of the marriage,
any physical or mental disability,
the contributions of the parties whether financial or non-financial, and
the conduct of the parties.
How are pensions valued?
In order to evidence the value of each of your pension pots you will need to contact your pension provider and request a Cash Equivalent Transfer Value (CETV). This is a document specifically for divorce purposes which you will not have received prior to request.
The CETV provides a lump sum value/amount that the pension provider (or providers) would give if you transferred your pension from one provider to another.
If your total matrimonial pension pot amounts to over £100,000.00 your solicitor will advise that you instruct a pension expert to calculate the required percentage pension share that is needed to equalise the pension provision between the parties. This can be calculated on the basis of equalising income on retirement or capital provision on retirement. The expert can also calculate a capital offsetting amount i.e. an additional cash sum to be paid to the receiving spouse in lieu of a pension share.
The outcomes calculated by the pension expert will be disclosed to both parties and then a fair financial settlement can be negotiated. A pension expert (PODE) is jointly instructed to act as a single joint expert for the parties at shared cost.
How are pensions divided in a divorce?
There are several ways that pensions can be divided in a divorce:
Pension sharing order
A pension sharing order is one of the most common ways to deal with the division of pensions. In the majority of cases, it is the simplest and fairest way to divide pensions between each party.
A pension sharing order forms part of the consent order and specifies what percentage share from one spouse’s pension needs to be given to the other to equalise pension provision. The receiving spouse would receive the pension funds as a separate pension for themselves to access on retirement. They do not receive the value as cash. The pension share would be put into effect after the Final Order of divorce is granted and once implemented, the two pension pots become entirely separate from one another.
Pros of a Pension Sharing Order
It is a clean break and therefore, after separation, you are no longer financially tied to your ex-partner. You can both go on to accrue additional pension provision without implications.
Beneficial if you are the financially weaker party in the relationship as you will receive a larger pension pot than you might have had originally and this therefore provides additional financial security during retirement.
Cons of a Pension Sharing Order
If the party with the more significant pension is close to retirement this can drastically impact their income following such retirement.
The process of valuing the assets can be time consuming, costly and can sometimes be difficult if the parties are not amicable.
There will be costs to be paid with the pension provider to implement the pension share, usually shared equally between the parties.
Pension offsetting
Pension offsetting means that instead of splitting the pension itself, one party keeps the pension, and the other party will receive usually additional capital in lieu of any pension claim. For example, if a spouse is entitled to a percentage pension share equivalent to £100,000.00, they may receive additional net sale proceeds from the family home instead of pursuing a pension share.
Pros of Pension offsetting
Pension offsetting provides a clean break
Pension offsetting helps to provide each party with certainty as it does not get altered by changes in circumstances such as remarriage. In some cases of remarriage before finances are resolved, pension claims are dismissed.
Can be more cost effective as there are charges with the pension providers usually for implementing pension sharing.
Cons of pension offsetting
There may not be enough available capital to even consider pension offsetting i.e. if there is limited equity in the former matrimonial home.
If one or both parties have substantial pensions at stake, it may not be the best option
Pension attachment order
A pension attachment order sets out how all or parts of a pension income will be divided between both parties on retirement following a divorce.
Pros of a pension attachment order
Pension attachment orders allow for an agreed share of the pension to be earmarked for a spouse even when it hasn’t been transferred.
Pensions usually increase in value over time. The benefit of having a pension attachment order is that the value of the earmarked portion may also increase in value which is beneficial to the spouse who will receive it.
Earmarked pensions are usually considered to be taxable income to the person who is holding the pension, which means that the spouse who will be receiving it is exempt from having to declare their share.
Disadvantages of a pension attachment order
Pension attachment orders do not provide a clean break which means that there is still a financial tie between both parties, even after they get a divorce. You can read more about clean break orders here: Advantages and Disadvantages of a Clean Break Order
In the event that either party dies, the pension attachment order will be terminated meaning the receiving spouse may never benefit.
The person who is receiving the pension benefit has limited control over the performance of the pension and is therefore entirely reliant on their ex-spouses’ decisions.
In many circumstances, you do not need to attend court to determine how the finances will be split between each spouse. Instead, agreements can be made via:
Solicitor negotiation,
Mediation, or
Other forms of ADR (Alternative Dispute Resolution).
Our Process for pensions and divorce
Step 1:
Contact Us
Either ring our firm, send us an email or fill in our enquiry form and a member of our team will get back to you as soon as possible.
Step 2:
Chat to a Solicitor
Either ring our firm, send us an email or fill in our enquiry form and a member of our team will get back to you as soon as possible.
Step 3:
Initial Consultation
Once the solicitor has confirmed that we are the right firm for you, they will look to book you in for your initial consultation as soon as possible
Step 4:
Next Steps
If you decide we are the right firm for you, our team will work with you to lay out a clear plan based on your circumstances, including support with children and finances, and support you through every step of the legal process
Arrange a free consultation now
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“Grant was excellent in dealing with the financial element and finalisation of my divorce. My case was fairly complex and he gave me confidence in what could have been a very stressful situation. As well as being extremely professional, matters were explained succinctly , and all options explored. Nothing was too much trouble, and in addition to the legal advice given, I appreciated the humility that was shown. The service provided has been exceptional and I would highly recommend Grant Stephens”.
Anonymous
“Grant and his team represented me through an extremely difficult and emotional period. Grant offered unrivalled advice and support throughout my divorce and always acted professionally and promptly with my best interests at heart. I cannot recommend them enough. Thank you Grant”.
Damien
“I struggle to find the vocabulary that encapsulates the remarkable essence of this Law Firm. From the second I walked in I was treated as equally as important as everyone else and instantly made to feel part of a family that cares. At every single stage I was kept informed and updated on every point regardless of magnitude. Every phone call and email was answered immediately and instantly actioned. A special mention to Grant Stephens and Nel Roberts who worked tirelessly and relentlessly, at weekends and evenings to ensure that everything ran like clockwork. Neither Grant nor Nel ever took a backward step, rather displayed an unwavering focus on constant progress. Without this team my family wouldn’t have the future we’ve now been afforded. I truly am beyond grateful and I’ll never forget how this team wonderfully changed my son’s and my family’s life. The lovely genuine team at Grant Stephens Family Law operate at an elite level in a time and space all of their own. The passion, service and professionalism is exceptional because they care…. and the warm family feel is a bonus gift all of its own!”
Mr C De-Vulgt
“I had an amazing experience with Grant and Bethany. Grant and Bethany are true professionals, and after my experience with them I am so glad I chose this firm. If you are reading this review and are experiencing any sort of family matter, I urge you to give them a call, my experience was they will start getting things sorted for you from the moment you get in touch. Even though my case was admittedly very complicated, their hard work has taken me from no contact with my daughter, to building a meaningful relationship with her. Their knowledge, experience and professionalism is outstanding and I was extremely impressed with the representation I had from them in court. But what really separates this firm from the rest is the level of care they have for their clients. They wanted to do everything they could to help me, and with my case they truly went over and above. They aren’t just great solicitors, they are great people and I cannot thank them enough for everything they have done”.
Mr A
“Grant Stephens Family Law handled my drawn out, complicated and acrimonious divorce with the utmost professionalism and support. The firm could not have offered me better advice or more support throughout the entire process. Without their expertise and the way they guided me, I can honestly say I would have given up on many occasions. I cannot recommend the firm highly enough”.
Kerry
“I cannot recommend Lisa and Grant Stephens Family Law highly enough. Lisa has been representing me throughout my ongoing divorce and financial settlement, and her professionalism, expertise, and support have been exceptional from the very beginning. This has been an incredibly difficult process, but Lisa has always taken the time to provide clear, honest, and practical advice, ensuring I understand my options and feel confident in every decision I make. What has stood out most is Lisa’s genuine compassion and commitment. She combines outstanding legal knowledge with a calm, supportive approach, making a challenging situation far more manageable. I am extremely grateful for Lisa’s dedication and the excellent service I have received from Grant Stephens Family Law so far. I would not hesitate to recommend the firm to anyone looking for an experienced, trustworthy, and compassionate family law solicitor”.
R.J
“I cannot recommend Bethany highly enough. She supported me through one of the most difficult and emotionally challenging periods of my life, and throughout the entire children matter she was calm, professional, honest and exceptionally reassuring. Bethany always explained the process clearly, gave balanced and practical advice, and made sure that I fully understood every option before making decisions. What stood out most was that Bethany never lost sight of what truly mattered: securing a stable, fair and child-focused outcome. She handled difficult correspondence in a measured and professional way, remained focused on the important issues rather than unnecessary conflict, and gave me confidence at times when I was understandably anxious about the process. Her judgement and strategy were excellent. The final outcome provides long-term certainty, stability and equal involvement from both parents, which was exactly what I had hoped to achieve from the outset. I will always be extremely grateful to Bethany for the role she played in helping secure that outcome. Beyond her legal expertise, Bethany treated me with genuine kindness, patience and respect. I always felt that she listened to me, understood how important the matter was, and genuinely cared about achieving the best possible result for my family. Bethany is an outstanding solicitor and an absolute credit to Grant Stephens Family Law.”
Matthew
“There are simply not enough words to express my gratitude to Nel and everyone at Grant Stephens Family Law. Nel listened without judgement, gave honest and practical advice, and guided me through one of the most difficult and emotionally challenging periods of my life. Every step of the way, I felt supported, informed, and confident that she was fighting for what was right. What truly sets Nel apart is her professionalism, dedication, and genuine compassion. She never once wavered, no matter how challenging the process became. She was always prepared, always approachable, and always had my son’s best interests at the heart of everything she did. Because of Nel’s hard work, commitment, and expertise, my son and I now have the meaningful time together that every father and child deserves. I genuinely believe the outcome would not have been the same without her dedication and determination. If you are looking for a family law solicitor who is exceptionally knowledgeable, genuinely cares about her clients, and will stand by you through every stage of the process, then I cannot recommend Nel and Grant Stephens Family Law highly enough.”
Mr A Morris
“The Most Kind and Lovely Person to Have Evie was and is an amazing, kind, and thoughtful person who I had the pleasure of dealing with my case. She helped me and reassured me in difficult times. I don’t know where I would be without her. She helped build my confidence and trust with people again after my ex. She gave me back my power. I genuinely mean this from the bottom of my heart; she saved me from so much negativity going around me at the time and supported me with coming out of my abusive relationship. She supported me and dealt with thousands of calls off me, which probably done her head in. I feel I have my confidence back and I am able to be me again and be the best mum to my daughter”.
Rhianna
“I cannot thank Nel and the team at Grant Stephens Family Law enough for the support they’ve given me throughout my divorce over the past year. It has been an incredibly difficult and emotional time, and their guidance, expertise, patience, and professionalism have made all the difference. Nel not only advised me expertly on every legal aspect, with her and the team being extremely responsive and skilled, but also consistently supported my wellbeing and advocated for both me and my son from a welfare perspective. I’ve always felt genuinely supported and well‑advised at every stage. The whole team has been extremely communicative, available, thorough, and truly invested in helping me move forward. I’m deeply grateful for everything they’ve done and wouldn’t hesitate to recommend them to anyone needing family law support. Without Nel and the team, I would not be moving into a new home, with a fair settlement and agreements that above all, work in the best interest of my young son”.
S, Cardiff
“Ar adeg pan oedd arna i wir angen help, nid yn unig y cefais hynny ond cefais y gorau hefyd!Rydych chi’n cymryd eich swydd o ddifrif calon ac roeddech chi’n chwa o awyr iach. Dydw i erioed wedi profi lefel y gwasanaeth a ddarparwyd gennych, a theimlaf eich bod yn glod i’ch proffesiwn. Daliwch ati gyda’r gwaith da gan eich bod chi wir yn gwneud cymaint o wahaniaeth i fywydau pobl.”
Cleient Cyfraith Teulu
“I received great service from you, and I agree with the other testimonials here; You are very approachable, empathic and overall, very professional. I will definitely recommend you to friends if they need help with a family law case.”
N, Cardiff
“I would like to thank you so much for your assistance over this difficult period, your professionalism and advise has truly given us the decision we wanted as a family.”
John Morgan, Newport
“Thank you for all of your work towards finalising my divorce. It seems a bit strange to be thanking someone for that but your good humour, honesty and efficiency really made a huge difference through what has been the hardest time of my life. You even managed to make me laugh! Thank you.”
L, Cardiff
“At a time that I really needed help, I not only got it but I got the best! You take your job extremely seriously and you were a breath of fresh air. I have never experienced the level of service that you provided and feel that you are a credit to your profession. Keep up the good work as you really do make such a difference to people’s lives.”
F, Cardiff
Having used Grant recently in a Court matter relating to contact with my son, I found Grant to be approachable, understanding, empathic, considerate and ultimately very professional with the way in which he conducted himself throughout the case. Always there to give you that peace of mind, guidance and support when it’s most needed. I would have no hesitation in highly recommending Grant for his services.”
Stephen Loynton
Grant represented me, negotiating family and relationships and children. Having no experience in this field, I entrusted Grant who is personable, empathetic and realistic with one’s circumstances; whilst ultimately professional with guidance, presenting all the facts of the situation in a straight and honest manner thus enabling me to make informed decisions. Grant’s abilities gain his clients optimum results, in the least amount of time which lessens the burden. Excellent service thanks you!”
Debra Thomas, Bridgend
“Grant Stephens literally saved my court case for my daughter and has now given her the potential to have a full and meaningful relationship with myself, her father. Although my last minute involvement of Grant, he was able to grasp the situation I had been placed in thoroughly and effectively and in turn provided me with the assistance to win my court case. I will be eternally grateful for the support and service he provided to me, especially my statement he prepared that was written in a professional manner as well as had the main aspect of what was the best interests for my daughter. I would recommend anyone that has a child related case to seek Grant’s service and I am more than confident that he will help you to win.”
Mathew Azzopardi, Cardiff
“I cannot recommend Grant Stephens highly enough! If you’re looking for a highly efficient Divorce Lawyer who will go the extra mile for you, then look no further. From the moment I walked in through his door I was made to feel at ease which was no mean feat considering the devastation I was feeling at the time. I immediately felt that Grant was a man whom I could trust. At all times I was confident that he was working not just for me but WITH me to achieve the best possible result. He explained my options clearly and kept me informed throughout, making sure I understood the next step. I felt guided and encouraged through what was a very traumatic time in my life. Grant was highly efficient and always available to me at the end of the phone when I got the “wobbles”. I truly believe he had my best interests at heart. He is obviously passionate about his work and genuinely cares about his clients. Sincere thanks to you Grant for a job executed exceptionally well.”
Vanessa Powys, Cardiff
“From the moment we met Grant we had confidence in his ability. He was clear in his advice, and he avoided legal jargon. He set our expectations on costs and was careful ensure all his work was productive. While a contested financial resolution was never going to be pleasurable, Grant’s good humoured nature ensured that our meetings were enjoyable as well as business-like; particular thanks to him for helping Cheryl through the Court Hearings which would have been very stressful without his support. Throughout we were lucky to have Grant “in our corner” and the end result was a fair settlement: we recommend him without hesitation.”
Nick
“Thank you for all of your help, support and sound advice in these matters; I feel like I’m a lot further forward than I was when I first came to you. Many thanks for everything”
Rachel
“I’m not sure that I could ever quite explain just how grateful I am to you. Not only have you managed to get a financial settlement that far exceeded my expectations, but you have made it all so bearable along the way. From day one you have been friendly, approachable and importantly (for me) willing to explain any silly questions I have needed to ask. You set out realistic timescales and expectations of financial expenditure at the start which were adhered to. I must also mention how wonderful your staff are. Alex, and Emma have all been a pleasure to deal with and I must give them a special mention, they truly are an asset to you. At a time when you are feeling so emotionally vulnerable, it really does make such a difference when phone calls are answered by lovely, polite, friendly people who obviously go the extra mile to show an interest in your clients. I can and will, without reservation, highly recommend your practice to family, friends and any colleagues who may (unfortunately) find they need the services of an excellent solicitor.”
Helen Radzimierska
“Many thanks for the excellent service you provided. I would certainly recommend you and your efficient team”
Ms S Allsopp
“Grant made me feel at ease and relaxed. His office views over Cardiff add to the relaxed feel! He explained my position clearly and gave me reasoned advice, backed up by case history. I highly recommend Grant Stephens Family Law to help guide you through your Divorce.”
Jeremy Cheadle, Cardiff
“Being the Applicant in my divorce case was a hugely daunting position to find myself in. I had no idea what the future held for myself and my children. From my first meeting with Grant, I felt completely reassured that I had made the right decision in instructing him. Grant’s attention to detail was second to none. He rapidly understood my circumstances, my concerns and the needs of my children. My case was lengthy and in no way straight forward however Grant’s expert advice, professionalism and determination that the Court make a fair ruling ensured the success of my case. I cannot recommend Grant highly enough. I have not met another family lawyer of the calibre of Grant Stephens (I worked with numerous locally throughout my divorce). Grant supported me wholeheartedly, offered me sound professional advice, I became part of a team with Grant who I trust implicitly. Even when there were difficult decisions to be made, I always looked forward to my meetings with Grant due to his warm engaging nature, empathy and when appropriate good humour. Grant has secured the future for my children in incredibly trying circumstances. I feel extremely lucky to have had Grant represent me throughout this process and I could not be more grateful to him for the result he achieved.”
Alexandra Jackson
“I recently instructed Grant on a family law matter/ and was extremely impressed with the high level of service I received. Grant took great care and attention to understand the circumstances fully/ and wholly assisted both myself and my family through the entire process. His level of professionalism/ integrity and tenacity is outstanding/ which undoubtedly supported us in securing a successful outcome of our case. I would confidently recommend Grant Stephens Family Law Practice to anyone requiring sound family law advice and exceptional representation.”
Karen Jones
Frequently Asked Questions
Do pensions count as matrimonial assets?
Under English and Welsh jurisdiction, pensions are classed as matrimonial assets and therefore can be divided between each spouse as part of the divorce financial settlement.
What is a pension sharing order?
A pension sharing order is a legal order that specifies how much of the pension a spouse is entitled to receive from the other. It is one of the most common ways to divide pensions during a divorce.
What happens if one party doesn’t disclose a pension?
If it is discovered or suspected that one party is not disclosing a pension during divorce and financial proceedings, the court may take action and order disclosure of specific assets. If it is found that pensions have not been disclosed, then the party who is withholding them may be found in contempt of court and sanctioned accordingly.
Do I need a solicitor for pension division in divorce proceedings?
Whilst it is not entirely necessary to instruct a solicitor to advise you during the financial proceedings of a divorce, it is advised that you do, to ensure that your best interests are protected. If you need to instruct a pension actuary it may also be a more straightforward process via a solicitor.
The solicitors at Grant Stephens Family Law are experts in financial proceedings during a divorce. Contact us today to book in for your confidential, initial consultation.
Cardiff: 
enquiries@grantstephensfamilylaw.co.uk
