Family Law Hub

Pension Sharing

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  • Webinar to be broadcast on Wednesday 25th November 2020. News, 27/10/2020, free
  • An appeal in financial remedy proceedings, regarding pension sharing and section 28(1A) of the Matrimonial Causes Act 1973. The parties were married in 2005 and separated in 2017, with one daughter who now lived with the mother. The wife argued that the overall order was not fair to her, and that the pension share was too small. Despite his concerns about the apparent ring fencing of the pension pot, HHJ Richard Robinson concluded that the judge had been entitled to reach the conclusions that he did on the evidence that he heard, and that there were no sufficient reasons to interfere with his decision. He came to the same conclusion regarding the section 28(1A) bar. Judgment, 26/06/2020, free
  • An appeal against a decision in financial remedy proceedings. Leave to appeal had been granted on limited grounds: whether the husband had made contributions to the mortgage, and whether the right approach had been taken to the valuation of the wife's pension. The parties married in 2008 and separated in 2011, and had been in a relationship since 1988. HHJ Richard Robinson found that the husband was unable to show any bank statements which did not align with the judge's findings, and hence decided that there was no merit in the first ground of appeal. As to the second ground, he found that there were difficulties with the judgment. The judge had been aware of the husband's health issues but dismissed them as irrelevant to an assessment of his future needs. The judge appeared to have been "led into error by an over-emphasis on the non-matrimonial accrual of part of the pension and of contributions over needs". The correct approach would be to analyse the parties’ comparative income and needs in retirement, and thus the extent to which the wife’s pension should be apportioned. A complete rehearing would be excessive; a directions hearing would be held to decide the next steps. Judgment, 15/06/2020, free
  • The financial remedies proceedings arising out of a divorce. The husband was a litigant in person. HHJ Hess ordered a spousal periodical payments order of £1,138 pcm, rising to £1,300 pcm in 2021, and £1,500 pcm in 2027, to continue until the death of either party, the wife's 60th birthday, or her remarriage. Top-up orders were made for the benefit of the children, and child periodical payment orders for the gap between secondary and tertiary education. The parties would each retain a 50% share in the family home. Pension sharing orders would provide equal incomes for the parties at a specified time in the future. Neither party had been entirely successful or entirely unsuccessful, and so there was no order for costs. Judgment, 04/06/2020, free
  • Latest news on expected publication of final guidance News, 11/11/2018, free

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