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 This has now been superseded by pension sharing, a much better arrangement, and the majority of pension orders are now concluded under pension sharing, it's with pension earmarking that a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

The legal rights of unmarried couples.

The legal rights of unmarried couples, regarding property. - In the event of the breakup of a relationship where the couple are not married what happens to the..

Diverted Profits Tax

Diverted Profits Tax - With effect from this April, foreign companies selling to customers in the UK will be liable for UK tax on profits...

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..

Civil partnership for Heterosexual Couples

A change in the marriage laws..

link

Guide to Mediation - Children

One of the biggest decisions facing couples when a relationship breaks down is what happens with the children, there are many decisions that need to be made, al..

Domestic Violence Guide

Domestic violence is not just physical violence, it can take many forms, which a person may use to control a partner, if you are suffering domestic violence cal..

Registering your Childs Birth.

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

How to end a Civil Partnership.

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

link

Trusts Guide

Many people use a trust to reduce inheritance tax, if you put an asset into a trust you no longer own it, so depending on when you die your beneficiaries may no..

Child Custody.

Child custody can be the most emotive issue in a divorce, the law will decide who is the primary carer of a child, and where a child should live, quite often it..

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..

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