Pensions: Fail to prepare, prepare to fail

Ellie Foster and Carmelita Ardren discuss an appeal in which the procedural aspects of dealing with pensions assets and their value was at the fore There will always be some delay between the date of a pension sharing order, that order taking effect and ultimately it being implemented, which can trigger a change in the …
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Pensions: Lessons to be learnt

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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Pensions: Equality or not?

James Copson looks at the recommendations in the Pension Advisory Group report and highlights the potential pitfalls when dealing with pension assets ‘It is much harder to achieve a fair outcome where there is a significant difference in the ages of the parties.’ An understanding of pensions is a must for every family lawyer working …
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Pensions: Perfect planning

Alex Shields looks at the potential unintended consequences and hidden tax implications that can arise when dealing with pension assets on divorce ‘The lifetime allowance (LTA) implications of pension sharing orders are complicated and should be carefully considered.’ Practitioners will be familiar with the pension options available when splitting assets on divorce, ie pension offsetting, …
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Pensions: Home and away

Bethany Davies highlights problems when dealing with overseas pensions or pensions in this jurisdiction that are subject to an overseas order ‘Ordinarily the default position of pension companies in this jurisdiction is that a pension share will not be implemented unless an order has been made by the court in England and Wales.’ Often, aside …
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Colorcon v Huckell & ors [2009] EWHC 979 (Ch)

Wills & Trusts Law Reports | Web Only

HMRC v Parry [2017] UKUT 4 (TCC)

Wills & Trusts Law Reports | Winter 2018 #170

Mrs Staveley established a company known as Morayford with her husband Mr Staveley. She was director of the company, and had a large pension fund with its occupational pension scheme. She divorced from her husband in 2000. Indeed the terms of the divorce, her share of the pension scheme was to be transferred to her. In July 2000, and upon advice, she transferred her fund from the Morayford scheme to a s32 scheme.

In 2004, she was diagnosed in December 2004 with cancer. In 2006, by which time her prognosis was poor, she was advised to transfer her pension fund into a perso...

Pensions: Balancing fairness

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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Pensions: Making a distinction

Rayner Grice highlights the impact of a Supreme Court decision on pension rights and the implications for cohabiting couples ‘Currently the law still greatly distinguishes between those couples that are married and those that are not, despite the fact that the practicalities of day-to-day living and their needs, and particularly the needs of their children, …
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Pensions: Off limits

Francesca Norris highlights the implications of the decision in Goyal v Goyal as to orders that may be made in relation to foreign pensions ‘The judge at first instance purported to make an order “ancillary” to the “statutory functions” under MCA 1973, however, given he had overtly accepted the court’s lack of power to make …
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