Pensions

The Challenges of Dealing with Overseas Pensions on Divorce

The Challenges of Dealing with Overseas Pensions on Divorce

Pension rights that have been accrued in overseas territories by divorcing parties present a number of challenges for practitioners where proceedings take place within this jurisdiction. This article explores some of the pitfalls that might arise and the issues that practitioners need to consider. In the first instance, our recommendation

Remediable Service Statements – What to Expect for ‘Immediate Choice’ Members

Remediable Service Statements – What to Expect for ‘Immediate Choice’ Members

All of the public sector pension schemes are now further along the process of allowing for the McCloud judgment (public sector pensions remedy) for affected members (typically those with some pensionable service in the remedy period from 1 April 2015 to 31 March 2022). Some of the public sector pension

Apportioning Pension Assets to the Marital Period in Divorce

Apportioning Pension Assets to the Marital Period in Divorce

Dividing pension assets is critical for a fair divorce settlement. This summary focuses on pension sharing, the legal splitting of pension rights between divorcing parties via a Pension Sharing Order, applicable in England and Wales. It excludes offsetting and combination approaches and also omits jurisdictions outside England and Wales, such

Financial Remedies – Next Steps on the Road to Reform?

Financial Remedies – Next Steps on the Road to Reform?

1.1 On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution.[[1]] The Scoping Report sets out our findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently

Reflections on the Law Commission Scoping Report in Relation to Pensions on Divorce

Reflections on the Law Commission Scoping Report in Relation to Pensions on Divorce

Chapter 10 of the Law Commission’s Scoping Report is devoted solely to pensions, an issue to which its terms of reference specifically refer. The report makes for concerning reading; it notes that many divorcing couples separate without a pension sharing arrangement in place and that some do not even

Book Review: Pensions on Divorce: A Practitioner’s Handbook (4th Edition)

Book Review: Pensions on Divorce: A Practitioner’s Handbook (4th Edition)

https://classlegal.com/products/pensions-on-divorce-a-practioners-handbook-4th-edition The 3rd edition of this handbook appeared in 2018, stating the law as at January 2018, and so a new 4th edition is to be heartily welcomed. The 7-year interval has seen two reports from the Pension Advisory Group (in 2019 and 2024), important reforms