When a husband and wife decide to divorce it is frequently the case that one of them will own valuable pension rights and the other will not, or will own such rights of a smaller value. The interests of fairness may justify court intervention to redistribute these rights or make some other provision as compensation. This book attempts to explain and explore in an accessible fashion:
- What powers the court has to intervene and redistribute these rights?
- What are the procedural mechanisms which the court will follow in carrying out this intervention and redistribution?
- In what circumstances will the court consider it appropriate to intervene and redistribute these rights or make some other compensatory provision?
- What actuarial issues may arise from such considerations?
Completely updated to cover new legislation, and with extensive notes on current regulations, this work also includes all of the standard forms required as well as a comprehensive series of tables and ready-reckoners to assist the reader in determining the best course for their clients.
Contents
SECTION A: LAW AND PROCEDURE
Chapter 1. Different types of pension
Chapter 2. Cash equivalent transfer values
Chapter 3. Historical overview of pension redistribution by the courts on divorce
Chapter 4. Law and procedure in relation to pension sharing orders
Chapter 5. Law and procedure in relation to pension attachment orders
Chapter 6. Miscellaneous procedural issues
Chapter 7. Pension sharing – treatment of the CETV and CEB
Chapter 8. The section 25 factors and the yardstick of equality
Chapter 9. Off-setting
Chapter 10. Solutions for cases in which pension sharing orders are not appropriate
SECTION B: ACTUARIAL ISSUES
Chapter 11. Using the CETV in practice
Chapter 12. Public sector pension schemes
SECTION C: RELEVANT LEGISLATION
Statutes, Statutory Instruments
Family Proceedings Rules
Pensions on Divorce etc (Provision of Information)
Pensions on Divorce (Charging) Regulations
The Pension Sharing (Valuation) Regulations 2000
The Pension Sharing (Implementation and Discharge of Liability) Regulations
The Divorce etc. (Pensions) Regulations
Sharing of State Scheme Rights (Provision of Information and Valuations) Regulations
SECTION D: MISCELLANEOUS MATERIALS
Statement of means Form
Pension Inquiry Form
Pension Sharing Annex Form
Pension Attachment Annex Form
Information on applying for a state pension retirement forecast
Information on applying for a valuation of Additional State Pension Entitlements
“Retirement Benefit Schemes – Transfers: Guidance notes published by the Institute of Actuaries and the Faculty of Actuaries
Sample letter of instruction to a pensions actuary for an expert’s report
Ready Reckoner tables
Reviews
“there is no other area of ancillary relief practice more technical and pitfall -strewn that this. It justifies, probably demands, its own text book. Our authors are eminently equipped to guide us, each having many years of experience at the specialist bar. I particularly commend the layout and clarity of chapters 1 to 10 which lead us through the decade of reform that commenced in 1996. With tactful delicacy they observe that the Court of Appeal has yet to offer guidance of comparable clarity. The next time opportunity arises we can expect Hess and Hay to be on our list of authorities.”
Lord Justice Thorpe,
Foreword to the First Edition
About the Authors
Edward Hess was appointed a District Judge of the Principal Registry of the Family Division in 2010. Formerly of Harcourt Chambers, where he specialised in family law, Edward conducted cases at all levels including the House of Lords, particularly in ancillary relief.
Fiona Hay is a family law specialist at Harcourt Chambers practising exclusively in ancillary relief.
David Lockett is Senior Actuary at Actuaries for Lawyers and a recognised authority on pension rights particularly in matrimonial cases, and consults on over 1,000 such cases each year. His practice also includes trust valuations.
Nova Law and Finance
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