Posted by Patrick Hart, Partner
On 1 September 2016 Withy King LLP merged with Royds LLP. The trading name for the merged firm is Royds Withy King. All content produced prior to this date will remain in the name of the firms pre-merger.
Study into pension sharing on divorce
A report on pension sharing on divorce since its introduction in England and Wales in 2000 has been carried out by Hilary Woodward and Mark Sefton of Cardiff Law School. The study reviewed court files, practitioners’ own experience, judges’ and experts’ assessment of data from a sample of court files. The conclusion reached was that pension sharing was a good weapon in the court’s armoury but that it was used by only a privileged minority. The more common approach was to offset pensions against non-pension assets.
Key points drawn from the study included:
- All pension orders were for pension sharing and predominantly in favour of the wife.
- Pension orders were more likely to be made between older parties from longer marriages.
- Pension orders were more likely to be made where each party was legally represented.
- The lack of pension and spousal maintenance orders coupled with the fact that husbands generally had higher income and pensions than wives, meant that husbands usually fared better after divorce on income and pension.
- Pension reports were rarely obtained, usually because of the time, cost and fees associated with obtaining them which acts as a deterrent. However, when reports have been obtained, they were viewed as positive by both practitioners and judges.
Our family law specialists at Royds are supported by experienced secretarial and paralegal staff who work together to provide our clients with an excellent professional service. Our experts can advise on many aspects including orders relating to pensions. For more information, please visit or contact Patrick Hart or Vandana Chitroda.
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