Pensions and Divorce

Pensions are often the most valuable but also the most complicated asset to value and access during divorce proceedings. Our team of family and divorce lawyers has a wealth of experience dealing with pensions on divorce. We understand the importance of this asset and the impact that pension sharing on divorce may have on your future retirement planning and we can help you obtain the best outcome.

Our detailed knowledge of the courts’ powers in respect of pensions on divorce and the relevant procedure helps us to explain all of the options available. Pensions are complicated investments and we therefore work hard to ensure that we have a good understanding of both our clients’ and their partners’ pension entitlements from the outset. We understand the need to value the relevant pensions early on in divorce proceedings and equally the need to consider the potential tax implications for both spouses. Following legislation which gave greater access to pensions, it is now even more important to understand how this asset can be utilised in the best possible and most tax efficient manner on divorce.

Valuing pension entitlements and understanding the tax implications is often a complex process, particularly where public sector schemes are involved. In order to offer the required expertise, we have developed strong relationships with a diverse range of expert professionals both in the UK and abroad, including independent financial advisers, pensions experts and actuaries. We work closely with our contacts in order to provide you with tailored expert advice relevant to your situation and have an expert team of private client lawyers on hand to assist where necessary.

Unfortunately, the complexities around pensions and divorce do not end when an agreement has been reached or a court order has been made. Difficulties can often arise over the implementation and enforcement of pension sharing orders and we work hard from the outset to try to minimise any risks where possible.

We are known for providing a strategic, well-rounded and comprehensive service which is very important when dealing with pensions in particular. Examples of our team’s experience in dealing with complex pensions issues on divorce include:

• Advising clients who are, or whose spouses are, members of valuable public sector pension schemes (e.g. police and fire service, armed forces and NHS) or final salary schemes. The values of such schemes are updated infrequently and it is important to seek advice from an actuary or independent financial adviser;
• Assisting clients with the implementation of pension sharing orders where there has been a delay; and
• Advising clients who have pension funds outside the jurisdiction.