Skip to Content

Pension Earmarking.

Warning of the impact of pension reforms on divorces.

The government may have inadvertently opened up a loophole that can have a major impact in divorce cases.

In the past it has been commonplace for a pension earmarking order to be placed upon a spouses pension during divorce proceedings, this is where a pension, in the form of lump sum and/or income, is paid to a former partner. This has now been superseded by pension sharing, a much better arrangement, and the majority of pension orders are now concluded under pension sharing, it's with pension earmarking that a problem can arise.

If, for example, upon divorce an agreement is made where by the former partner was entitled to receive a percentage of income from the pension, with the new reforms the pension may not deliver an income as it can all cashed as a lump sum.

I would recommend that if you have had pension entitlement awarded to you via a pension earmarking arrangement or you are in any doubt you should check with a family law solicitor.


Image Description
related news
recent articles
Major Change in Divorce Law - no fault divorces

Government to finally introduce 'no-fault' Divorce laws..

link

Guide to a Prenuptial agreements.

A prenuptial agreement (prenup) is an agreement set up by a couple prior to marriage, the prenup will detail how finances work whilst married and in the event t..

Children and the Law - Smacking

Children and the Law - Smacking.
It is surprising that the UK have not adopted the same stance as in Europe where the EU have adopted a clearer stance in makin..

The sex offender register

The sex offender register - Guide..

Civil partnership for Heterosexual Couples

A change in the marriage laws..

link

Civil partnership for Heterosexual Couples

A change in the marriage laws..

Children and the Law - Car Safety

Up until a child reaches the age of 12, or 135 cm, a child must use a booster or car seat, when a child is not required to use a car seat or booster they must,..

Cohabitation Agreement

Cohabitation Agreement -
Many couples live together out of wedlock, some for the tricky trial period 'can we live together without killing each other', some co..

How to end a Civil Partnership.

Whilst a Civil partnership is different to a marriage in many way..

link

The Divorce Process

This guide lays out the Divorce Process in the UK; Divorce is defined by the Legal dissolution of a marriage by an accepted body or by Judgement of a court...

Registering your Childs Birth.

Registration of a Childs birth is a legal requirement - understand what you need to do...

Help to buy ISAs

Help to buy ISAs - The new, 'Help to buy', ISA is designed to help first time buyers save for a deposit for their first home, with the inducement of an extra 25..

Image Description
Is there anything wrong with this page? - any amendments will receive accreditation - email us

Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.

Information by area of law
Back to top