Rebecca Dziobon

This Practice Note sets out the formalities that must be observed when considering the terms and the drafting of a financial order made in family proceedings that includes provision in relation to pensions. It also details potential pitfalls and issues to consider when agreeing the terms of the order, including implementation issues and the consequences of death.

This Practice Note sets out an overview of the options available in relation to pensions on divorce, nullity, (judicial) separation or dissolution of a civil partnership, including offsetting, pension sharing and pension attachment orders, and orders that may be made by the courts. It also considers the court’s approach to pensions and the impact of pensions reform.

This Practice Note sets out the steps to be taken following the making of a pension order in family proceedings, key stages and requirements including ascertaining the valuation date, transfer day and valuation day, together with the requirements as to the implementation period as provided for in the Welfare Reform and Pensions Act 1999. It also considers implementation after the specified four-month period has expired and potential problems with implementation including pensions in payment and ‘moving target syndrome’.

This Practice Note considers the various types of insurance policies that may be held by parties to financial remedy proceedings, including life assurance, medical insurance and endowment policies. It also sets out the circumstances in which it may be desirable for a new policy to be put into effect and drafting considerations when dealing with insurance policies.

This Practice Note sets out different types of overseas pension plans and their features as well as valuation, procedural and enforcement issues that may be encountered by family practitioners when dealing with overseas pensions within financial proceedings, as well as the impact of Brexit, specifically the revocation of the EU Maintenance Regulation.

This Practice Note provides practical guidance on what a trust is and the treatment of trust assets in family financial remedy proceedings. It also considers relevant case law, the circumstances in which trust assets may be considered to be available to a party as a financial resource, and ‘judicious encouragement’ orders in relation to the trustees of a trust.

This Practice Note explains what a pension attachment order made in family proceedings (previously referred to as an earmarking order) is and sets out which pension benefit rights can be attached and which cannot. It also details the key features of a pension attachment order, the risks of such orders and steps that may be taken to reduce risk, variation issues and tax consequences.

This Practice Note explains what a pension sharing order is within family proceedings and sets out which pension rights can be shared and which cannot be shared. It also sets out the key features of a pension sharing order including pension credits and pension debits, variation issues, tax consequences and the approach to overseas pensions.

This Practice Note sets out the pension options in relation to judicial separation or separation proceedings, in which pension sharing is not available. It outlines pension attachment orders and offsetting as well as other potential solutions to protect pension interests and procedure, valuation, appeals and the effect of remarriage.

This Practice Note provides guidance on the variation of pension sharing orders and pension attachment orders made in family proceedings, together with appeals. It also sets out the procedural aspects of both variation and appeals and considers capitalisation applications.

This Practice Note sets out the procedure to be followed when applying for a pension sharing order or a pension attachment order within family proceedings including the form of application, information required in relation to the pension scheme, steps to be taken during the proceedings, drafting the order, and steps to effect implementation. It also details the requirements for the use of Form P1 or Form P2.

A glossary for family lawyers of commonly used terminology in relation to pension provision, including the wide range of pension schemes available, methods of funding and administering schemes, and the ways in which pensions may be dealt with on relationship breakdown within family proceedings.

This Practice Note sets out the different types of state pension, the qualifying criteria, implications within divorce/dissolution, nullity or separation proceedings, obtaining information and disclosure, and orders that may be made by the court in family proceedings. It reflects the reform of state pensions and provides guidance on the consequences in a family law context.

This Practice Note considers the various types of public sector pension schemes and specific factors to take into account when dealing with such schemes in the context of family proceedings including key features, benefits, valuation and the impact of measures to remove unlawful discrimination arising from reforms carried out in 2015 (the McCloud remedy). It also details key practical points to note when dealing with a public sector pension.

This Practice Note sets out the criteria for the Pension Protection Fund to pay compensation to the members of an occupational pension scheme and the method and consequences of assessment for entry into the scheme in the context of family proceedings. It also sets out the implications in relation to divorce/dissolution proceedings, the relevant procedure within financial remedy proceedings, and the scope of the separate Financial Assistance Scheme.

This Practice Note considers the key procedural aspects of family proceedings involving trust assets, including the issue and service of proceedings. It also sets out steps to be taken to join either a trustee or a third-party beneficiary to the proceedings, together with evidential issues and the court’s powers to compel a person who is not a party to provide disclosure.

This Practice Note sets out considerations and practical steps to be taken when dealing with enforcement in relation to trusts within family proceedings, including offshore trusts and the approach that may be taken by offshore trustees to orders made in family proceedings in this jurisdiction. It considers enforcement of a variation of settlement order, exclusive jurisdiction clauses, enforcing a finding of sham or invalidity, enforcing ‘judicious encouragement’ orders and trustee submissions.

This Practice Note examines the duties, responsibilities and powers of trustees in the context of financial remedy proceedings. It also looks at the court’s role in supervising trustees, the duty of confidentiality, the implications for disclosure, requests for disclosure by a beneficiary, non-beneficiary party or the court, and letters of wishes. It considers the trustees’ exercise of discretion to assist a beneficiary and ‘judicious encouragement’ orders in relation to the trustees of a trust.

This Practice Note considers trusts and property law that may be applicable in family proceedings including invalid or sham trusts and property law issues such as proprietary estoppel and improper transfers. It also looks at the circumstances in which the use of such law may assist a party in family proceedings and the evidence required to put forward property or trusts law arguments.

This Practice Note sets out the circumstances in which a settlement will be regarded as nuptial for the purposes of section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or relevant for the purposes of Schedule 5, Part 2, paragraphs 6–7 to the Civil Partnership Act 2004 (CPA 2004). It considers the powers of the court to vary a nuptial or relevant settlement and the applicable practice and procedure. It also addresses the approach of the court, specific issues in relation to international trusts and relevant case law, including the Supreme Court decision in Prest v Petrodel Resources.