Showing Tag: "pension sharing" (Show all posts)

Pension sharing

Posted by Rory Miln on Monday, April 4, 2011, In : definitions 
If pension sharing is going to feature in your divorce, you will probably need a report from a pensions expert.  People are understandably put off by the cost of a report, which will normally be at least £500, but it is a false economy to try to manage without.  

Only a pension expert (an actuary or an independent financial adviser with the pension 'ticket') has the ability to advise on the percentage pension share needed to achieve a particular outcome, such as equality of income in retireme...
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Pension attachment

Posted by Rory Miln on Monday, November 1, 2010, In : definitions 
Pension attachment has largely fallen out of favour because in most situations the receiving spouse gains greater financial security by means of a pension sharing order.  With pension attachment, the income payments come to an immediate end if the receiving spouse remarries or if the paying spouse dies.  With pension sharing, once the order has come into effect it makes no difference if the receiving spouse remarries or the paying spouse dies - the pension share cannot be undone or reversed. ...
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Pension sharing - do I really need an expert's report?

Posted by Rory Miln on Monday, September 27, 2010, In : definitions 
Yes, probably, if there is going to be pension sharing.  By law, a pension sharing order must be expressed as a percentage of the Cash Equivalent Transfer Value (CETV) or Cash Equivalent of Benefits (CEB - used in the case of pension already in payment).  It is not possible for a lay person, which in this context includes a solicitor, even a specialist divorce solicitor, to calculate what percentage is required to achieve a particular result such as equality of income in retirement.  It requi...
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Pension sharing

Posted by Rory Miln on Monday, September 6, 2010, In : definitions 
When a couple get divorced, the court has the power to rearrange their pension provision.  This can be done by way of a pension sharing order.  The court orders the trustees of the pension scheme to take a percentage of the transfer value of the pension and give it to the other spouse.

What happens next depends on the rules of the pension scheme.  Some schemes require the receiving spouse to become a member of that scheme, so that they have a pension of their own within the same scheme.  Other...
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Two years' separation with consent (2)

Posted by Rory Miln on Monday, June 28, 2010, In : definitions 
I have no statistical evidence to support this, but my impression is that divorces based on two years' separation with consent are less common than they used to be.  If I am right, the reason may be the introduction of pension sharing ten years ago. 

If a couple decide to wait for two years before getting divorced, they enjoy the obvious advantage of avoiding a 'fault-based' divorce involving adultery or unreasonable behaviour.  Financially, they can get on and sort out their arrangements with...
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Rory Miln


Principal Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue. I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.

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About Miln MacLeod


Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page
 
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