Pensions on Divorce
Dangers of Applying PSOs Determined Using pre-McCloud CEVs on ‘McCloud compliant’ CEVs
Those working in the Pensions on Divorce arena (whether PODEs, solicitors or scheme administrators) will by now be all too familiar with the McCloud ruling, and how much additional work this has caused for cases involving public sector pension schemes.
- Blog
- Pensions on Divorce
!21/11/2024 08:55
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RN v TT [2024] EWFC 264 (B)14 June 2024
HHJ Hess. W (51) and H (49) cohabited in a flat in W’s sole name from late 2003 and married in 2004. W was a GP. H was a former painter and decorator.
- Cases
- Pensions on Divorce
- Delay
- Needs
Help to Shape How Pensions on Divorce Reports Are Prepared
The Institute and Faculty of Actuaries (the IFoA) is looking for family lawyers to join a new working party looking at Pensions on Divorce.
- Blog
- Pensions on Divorce
!30/08/2024 08:40
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BC v SC [2023] EWFC 307 (B)12 December 2023
DDJ Holmes-Milner. FR decision at DDJ level. Consideration of treatment of critical illness payout for H’s cancer.
- Cases
- Housing Need
- Pensions on Divorce
- Impaired Life Expectancy
- Costs
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SP v AL & Ors (by their Litigation Friend FL) [2024] EWFC 72 (B)8 March 2024
HHJ Hess. Final Hearing of W’s application for financial remedy, with H’s children from a previous marriage intervening via their mother as their litigation friend. Significant comments re pension sharing and apportionment.
- Cases
- Pensions on Divorce
- Loans
- Joinder of Third Parties
- Debts
A Brilliantly Logical Approach to Dealing with Pensions
In this judgment, His Honour Judge Hess sets an example of how, by following a logical thought process, seemingly complex pensions can be reduced to a very straightforward outcome.
- Blog
- Pensions on Divorce
!13/06/2024 21:02
Watch | Pensions on Divorce update 24
Watch the recording of 'Pensions on Divorce Update 24' with speakers: HHJ Edward Hess; Rhys Taylor, The 36 Group; Professor Emma Hitchings, Bristol University; Jonathan Galbraith, Mathieson Consulting, and Beth Kirkland, Law for Life.
- Watch
- Pensions on Divorce
!11/06/2024 15:56
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TW v GC [2024] EWHC 949 (Fam)21 February 2024
This was an appeal of a final order in financial remedy proceedings heard by Mr Justice Cusworth. The appeal argued that HHJ Furness KC at first instance had pitched W’s needs at too high a level, applied needs to capital but sharing to pensions, and included interest on a lump sum while H was also paying maintenance. Appeal allowed on issue of pensions and interest only.
- Cases
- Sharing Principle
- Pensions on Divorce
- Interest
- Duxbury Capitalisation
- Needs
Updated Guide on Pensions on Divorce for LiPs Published by Law for Life
In collaboration with the Pension Advisory Group, and thanks to funding from the Nuffield Foundation, Law for Life has published an updated version of its Survival guide to sorting out pensions on divorce.
- Blog
- Pensions on Divorce
!28/05/2024 19:12
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Hyslop v Hyslop 2DS 2022/13 & 2DS 2023/0312 July 2023
Judge of Appeal Cross KC, Acting Deemster Horton KC, and Deemster Corlett. Michael Horton KC, one of three Deemsters sitting in the Staff of Government Division in the Isle of Man High Court (‘appeal court’), grapples with an appeal regarding an impossible PSO where the intended recipient of the pension benefits has remarried. The appeal court also addressed the Isle of Man/England and Wales pension lacuna, mutual mistake, the remarriage trap, and the lower court's wrongful declaration of trust to remedy the impossible PSO.
- Cases
- Pensions on Divorce
- Appeals
- Setting Aside Orders (Including Barder Applications)
- Trusts
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