Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
family law, pensions, his honour judge edward hess, another witches' brew, pension experts, divorce, civil partnership
"It is no coincidence that this edition of Family Law has no fewer than five excellent articles dealing with pension issues."
Meta Title :February Family Law – Pensions Special Issue
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Feb 7, 2017, 04:00 AM
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The forthcoming February 2017 issue of Family Law provides a special focus on pensions on divorce. This special issue aims to provide clear insights to one of the most complex areas of family law practice.
As His Honour Judge Edward Hess states in his Foreword:
‘It is no coincidence then that this edition has no fewer than five excellent articles dealing with pension issues. If there is a common theme in these articles it is perhaps that they express a frustration that the appellate courts have not grappled with the subject as much as they might have done. This impressive collection should play its part in casting light on these questions and perhaps accelerating some clear answers.’
The featured article in this ‘Pensions Special’ is barrister Rhys Taylor’s 40-page comprehensive review of those everyday conundrums which courts face when deciding how to deal with pensions on divorce and dissolution of civil partnership in England and Wales.
Pensions’ expert witness George Mathieson then looks at the thorny issue of offsetting from the perspective of the pension practitioner and demonstrates the difference of opinion which appear to be emerging between the court’s view of pensions and the views of the majority of experts.
In the third article Solicitor Beverley Morris together with George Mathieson suggest that the Family Justice Council’s Guidance on Financial Needs on Divorce could have done more to improve the way pensions are treated in financial remedy cases and call for more guidance on pension sharing/attachment and offsetting by way of a multi-disciplinary working party.
Then Beverley Morris joins with Philip Cayford QC in examining an alternative route to enforcing pension related orders and finally solicitor David Salter deals with the other side to the Goyal coin, frequently encountered in practice, where there are divorce proceedings in another jurisdiction and an order is sought in relation to an English pension. The full Contents list of the February Family Law issue is available to view here.
See also the forthcoming Pensions on Divorce Seminar– our annual pensions event featuring expert speakers who will take you through the legal and actuarial problems, demonstrating the practical application of the legal principles. Book now to take advantage of the early bird rate!
The full version of His Honour Judge Edward Hess' Foreword appears in the February 2017 issue of Family Law.