Harold G Walker

Harold G Walker Solicitors

Your Friend-In-Law for over 77 years

PENSIONS – HOW THE FAMILY LAW CONSIDERS REMEDIES – PART 4

The law considers the relevance or otherwise of pensions when determining how assets between you should be distributed fairly.

 

Consideration should be given to the following:

  • Should you each keep your own pension pots? For example, are they of similar value?
  • Where there is a disparity in pension values, should the current value of the pension be offset against other available capital assets?
  • Should the pension be shared between you, and are there options to retain what you receive from your spouse’s pension within that same pension fund or transfer it into your own preferred pension fund?

 

PENSION SHARING.

 

Firstly, you should obtain a valuation of your pension/s from your provider. The calculation of a ‘fair actuarial value’ might then also be necessary by a Pensions on Divorce Expert (PODE), who will usually be instructed by both of you and for whom you share the PODE’s fee equally.

Using the correct pensions values are very important when considering how a percentage of any pension is then shared between you. The PODE might also consider the difference between equality of pensions incomes, equality of pensions values, and/or whether an offset with capital is appropriate?

Once agreed, and approved by a court by consent between you, that percentage pension share awarded shall be your own.

There might then be options for whether to leave the pension share within that pre-existing pension fund as an internal transfer, or arrange an external transfer into a pension scheme of your choice.

Pension, RESOURCES AND EARNING CAPACITY Divorce and Financial Reliefs - Other Assets

In addition to our legal advice, you will very often need to obtain independent financial advice, so that together you have all the legal and financial information you need to then make the best decision for you about your future financial planning for retirement.

 

 

 

CAPITAL OFFSET

A capital value can be estimated to determine from other assets a capital lump sum for you in lieu of the pension benefits, for you to invest as you please, provided there is enough capital in the marriage available for such offsetting to occur and that, crucially, you agree. Please note that the courts do not have powers to make an official order that demonstrates offsetting. They can only approve an order by agreement between you.

It’s still an option, but as with everything else, great care is taken to consider the fairest option based on all the circumstances of the case and of course the weight of legal cost against potential benefit.

These issues can be resolved without the expense stress and delay of court proceedings and numerous hearings, so come and talk to us so that we can help with a sensible and proportionate direction of travel, to reach your preferred goals.

 

 

Family Law Solicitor, Non-Court Dispute ResolutionTo explore your options further and receive personalised legal guidance, don’t hesitate to get in touch with Rob Price, Associate, and Family Law Solicitor. You can reach Rob at 01202 482202 or via email at enquiries@hgwalker.co.uk. Alternatively, you can fill out our contact form for a Free 30-minute Consultation here.