Pensions on divorce

Pensions often form your most valuable asset on divorce. They usually represent the summation of your working life, so dividing them up can be emotionally charged – and nightmarishly complex. We offer real expertise to help you navigate the issues.

Pensions on divorce – getting it right

Pensions are often some of the most valuable assets to be considered on divorce. They are a critical part of planning for your future, and for many people their pension represents what they have worked hard for all their lives. What will happen if it is divided up, and what will be left for your retirement?

As well as the financial aspects, pension sharing can also involve legal issues of real complexity.

That’s why you will need the best help from your solicitor and from an independent financial adviser. Working out what the income might be, whichever side you are on, is going to be critical.

Whether you need advice relating to a personal pension or a business pension scheme, we can help. Our family lawyers have the leading, national reputation for our expertise in resolving these issues.

We also provide access to a network of other professionals with whom we work closely, including independent financial advisers and pension specialists.

Our experience and efficiency mean that we can handle your pensions issues extremely cost effectively.

Our family and divorce lawyers

  • Philip Way is renowned nationally and internationally as being an expert in providing legal advice on pensions on divorce. 

Our experience

We regularly advise on sharing large pension funds associated with family companies. Often this involves dealing with the particular problems raised by the assets of such funds being illiquid. 

Our innovative advice to make a pension sharing order ahead of a final financial hearing in a divorce recently helped a husband to ensure that he did not suffer a 55 per cent tax charge on part of his pension fund. 

We have particular expertise in relation to the Judicial Pension Fund and divorce. 

We have valuable experience in dealing with overseas pensions on divorce, which in some instances are dealt with administratively where they are based, regardless of the venue for divorce. 

We also have wide experience of securing pension sharing orders over English pensions following an overseas divorce.

Our clients

Some examples of our clients include:

  • Separating couples, who may be interested in pension sharing ahead of divorce 
  • Owners of businesses – who often have pension schemes that own business premises, or other property and assets – requiring particular expertise in extracting liquidity or dealing with pension sharing. 
  • Trustees of pension companies – for example, we help them in dealing with particular procedural or compliance problems 
  • Independent financial advisers and other specialists in pensions – for example, we act as their consultants in dealing with legal and compliance issues

What our clients and others say about us

Our family solicitors are regarded nationally as market leaders. We are highly rated in both Chambers UK and Legal 500, following independent research. Comments about our lawyers from peers and clients include the following:

  • “Philip Way is a formidable lawyer for matrimonial finance cases, especially those involving significant business assets or international elements. Sources say ‘He is very intellectual – his ability to present cases is second to none’.” Chambers UK

Legal resources you may find useful

  • pensions on divorce – our unique family law website offering free information and video content on divorce, including guidance on pensions. 
  • Divorce information on the Money Advice Service website, written by our family lawyers, provides valuable help.
  • Pensions and Insurance on Family Breakdown (Jordans) – general editor David Salter, joint authors Philip Way and Roger Bamber.
  • Pension Sharing and Practice (Family Law) – author David Salter

Family and matrimonial
Family and matrimonial