Pensions: Lessons to be learnt

Lupton Fawcett | Family Law Journal | May 2020 #196
Andrew Smith highlights the first reported decision in which the Pension Advisory Group report has impacted on the approach of the court to pension assets ‘In the first reported case to feature specific reference to the PAG report, the judge drew heavily on the opinions within that report, stating that it should “be treated as …

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Financial provision: Exceptional needs

Rayden Solicitors | Family Law Journal | July/August 2019 #188
Rachel Nicholl reviews the approach of the family courts in cases where a party suffers from ill health or a life-limiting illness ‘Health or physical impairment is just one factor the court will take into consideration, although it is very much intertwined with other elements such as housing, long-term needs, income and earning capacity.’ When …

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Pensions: Balancing fairness

Vardags | Family Law Journal | February 2018 #173
Kathryn Mason reviews the approach to pension assets accrued prior to marriage, including the significance of needs ‘Pension contributions made prior to the marriage fall into the category of assets that have not been “the financial product of or generated by the endeavours during the marriage”.’ This article considers the courts’ treatment of pre-marital pension …

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Financial Provision: In sickness and in health

Mills & Reeve | Family Law Journal | November 2017 #171
Frances Bailey looks at the potential impact of physical or mental disabilities on financial awards, and the relevant case law ‘Poor health may impact on, and increase, income needs, particularly where a party has, or will have in the future, a need to pay for costs of medicines, care and support.’ Section 25, Matrimonial Causes …

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