If you get divorced or dissolve your civil partnership in England & Wales, then your pension will normally be included in your financial settlement. Financial settlements should always be confirmed through court orders.
It is important to remember that if you are not married or in a civil partnership then a pension cannot be shared in the event of a separation. You should always get legal advice about your pension and the pension of your partner if you are dissolving your civil partnership or getting a divorce. It is particularly important that you deal with this if you are getting remarried without agreeing on a financial settlement. Contact Family Law London today to see how we can help you. Call our trusted lawyers on 02039 935 203.
How is a pension usually split after divorce?
In the event of the breakdown of a marriage or civil partnership, a pension is usually split one of 3 ways:
- Pension sharing – your former partner’s pension pot will be split with you as a percentage. This is legally seen as your money
- Pension offsetting – where the value of a pension is offset against assets i.e. one person keeps the pension and the other keeps the family home
- Pension earmarking – some of your pension goes to your former partner. This works like a maintenance payment and goes directly from your pension pot.
The division of state pensions differs depending on what type of state pension you receive. We recommend you contact us immediately if you are unsure of what will happen to your pension in the event of a breakdown of the marriage or civil partnership. It should be noted that the basic state pension cannot be shared in the event of the dissolving of a civil partnership or in the case of divorce.
What is a Consent Order Service?
Also known as a clean break order, a consent order is a legal document that allows you to make decisions about how you will split your finances and assets in the event of the breakdown of a marriage or civil partnership. A consent order relies on agreement from both parties, and it is important that you contact us to ensure that any agreement is fair and will be upheld in court.
The only way to ensure that couples who are getting divorced or dissolving their civil partnership come to a final and legally binding agreement is by getting a consent order. This means that, once obtained, neither party can make any future claims against the other. This is particularly useful for those who are looking to remarry.
Judges must agree to a consent order, and in order to do that, the consent order must be legally binding. We can ensure that your consent order is legally binding and will be accepted by a judge to ensure that your rights and interests are protected in the event of a break-up.
Can my pension be included in the consent order?
Your pension can be included in the consent order, as well as the following:
- Personal or Commercial Property
- Child and pet access and maintenance
- The family home
It is stressed that both parties must agree to the division of the assets as stated in the agreement, as a consent order is a voluntary agreement. Once both parties have agreed to, and signed, the order, it becomes legally binding. Our solicitors will ensure that the order is drafted to be legally binding, ensuring that decisions can be made without the cloud of the breakdown of the relationship hanging over both parties.
Contact Family Law Solicitors in London Today
Our team of dedicated family law experts are on hand to deal with any Separation Agreement issues you might have. We know how difficult going through a separation can be for you and your family. Our expert team endeavour to provide all our clients with a friendly, professional and reliable experience. If you have any family law matters you wish to take care of then we suggest you contact us immediately. Speaking to a solicitor early in the separation process minimises problems and ensures that you get the best outcome for your circumstances. We ensure the impact on your life is minimal, and in particular disruption to any children under the age of 16 is negligible. If you wish to speak to a member of team today, then do not hesitate to contact us. You can contact us by filling in our online contact form here, or you can speak to a member of our team by phoning us on 02039 935 203. We look forward to hearing from you.