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Pension sharing orders not available in relation to foreign pensions: Goyal v Goyal [2016] EWFC 50 (Fam)

Date:2 DEC 2016
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Trainee solicitor
Pensions are often one of the most significant assets in divorce and financial proceedings. Happily the law provides that pensions may be divided between divorcing spouses by virtue of a pension sharing order. Unfortunately the decision in the long running case of Goyal v Goyal [2016] EWFC 50 (Fam) provides that pension sharing pursuant to s 24B is not available in relation to foreign pensions.

Background facts

Mr and Mrs Goyal married in September 2003. Together they had one child a daughter born in April 2007. The parties separated in June 2011. Since separating they have been involved in lengthy and costly proceedings in relation to child arrangements the validity of the divorce and the finances. Decree nisi was pronounced in August 2013. Decree absolute has not yet been pronounced and the financial matters between the parties remain undetermined.

Mr Goyal ('the husband') had been a successful city banker but developed an addiction for spread betting an addiction which ultimately led to the dissipation of the matrimonial assets. By the time of the separation H had lost over £500 000.

The pension

At...

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