Pensions and insurance

In proceedings for an order of divorce, dissolution, nullity, (judicial) separation, the court has the power to redistribute the benefits derived from pension resources between the parties. Pension rights often form a significant proportion of the parties’ assets. The three main ways in which the court may deal with pension rights are:

1. •

   pension sharing

2. •

   pension attachment, and

3. •

   offsetting, whereby non-pension income and/or assets are retained by or transferred to a party in lieu of pension sharing or attachment

Pension sharing is only available where the court will make a final order/decree of divorce, dissolution or nullity, ie the court cannot make a pension sharing order in (judicial) separation proceedings.

See Practice Notes: General principles—pensions in family proceedings, Pensions and judicial separation and Pension rights of spouses and civil partners on member’s death.

The following Precedent Letters may be sent by practitioners to their clients: Financial applications to the court—client guide and Financial disclosure and Form E—client guide.

See Pensions reform and Practice Note: Pension freedoms—an introduction for information on the 2015 reforms to pensions and the impact of pension freedoms.