Pension Pitfalls – A Cautionary Tale For The Unwary

We have seen a number of cases where, following a final order being made by the court in relation to a financial settlement arising out of a divorce or dissolution of a civil partnership which includes a pension sharing order, the relevant documentation has not been sent to the relevant pension provider.

This has then caused considerable difficulties later on for a variety of reasons, such as the person with pension benefits being able to draw down on funds to which they are not entitled, or the relevant pension fund changing such that the original pension sharing order cannot be implemented.

Under the relevant court rules, a court which makes such a pension sharing order must send, or direct one of the parties to send to the person responsible for the pension arrangement concerned, certain prescribed documents to start the implementation process. If you have obtained a pension sharing order, it is important to ensure that the correct formalities are complied with so as to avoid falling foul of such problems.

Here at Lanyon Bowdler, we have a team of expert lawyers in our Family Department who specialise in this area and can advise and assist you in respect of such matters. For more information, please visit our page.