Pensions and divorce – a guide for family practitioners

Pensions are frequently one of the most valuable assets within a marriage and can have a significant impact on achieving a fair financial settlement on divorce. Despite their importance, pensions are often misunderstood or overlooked, particularly where values appear modest or where there are complex public sector or private pension arrangements involved. Family law practitioners must therefore have a sound understanding of how pensions are treated within financial remedy proceedings, the different orders available to the court, and when expert evidence may be required.

This webinar will provide a practical overview of the law, procedure and guidance relating to pensions on divorce, including disclosure obligations, valuation issues, the application of the section 25 factors, and the role of expert evidence and PAG/PAG2 guidance. The webinar will also consider the different approaches the court may take when dealing with pension assets and the practical issues that arise when implementing pension-related orders.

Topics covered include:

• What pensions are and why they are important in financial remedy proceedings
• Full & frank disclosure obligations, including where pension values are nominal or substantial
• Application of the section 25 factors
• Importance of the PAG/PAG2 reports and related guidance
• Position for unmarried couples/cohabitees and pension rights
• Different Types of Pensions
  • State pensions and private pensions
  • Defined benefit pensions (NHS, police, teachers etc), including the effect of the McCloud judgment on public sector pensions
  • Defined contribution pensions
• Valuing Pensions
  • Requesting CETVs for all pensions and including them within disclosure
  • Importance of obtaining up-to-date CETVs, particularly where proceedings are delayed
• PODE Reports and Expert Evidence
  • Benefits of obtaining a PODE report
  • Part 25 applications for expert evidence, including timing and court permission
  • Joint instruction of experts
  • Costs, selecting an expert, letters of instruction, and the court’s approach to expert evidence
• How the Court Deals with Pensions
  • Offsetting
  • Pension Sharing Orders
  • Pension Attachment Orders
  • Court Orders and Implementation