Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
View all articles
Authors

Pension sharing in a needs case – W v H (divorce financial remedies) [2020] EWFC B10

Jul 28, 2020, 15:26 PM
Pension sharing in a needs case (W v H (divorce financial remedies) [2020] EWFC B10). The court gives consideration to the Pension Advisory Group report.
Slug :
Meta Title : Pension sharing in a needs case – W v H (divorce financial remedies) [2020] EWFC B10
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jul 6, 2020, 23:00 PM
Article ID :

Sarah Higgins, CRSB Law

Pension sharing in a needs case (W v H (divorce financial remedies) [2020] EWFC B10). The court gives consideration to the Pension Advisory Group report. The judge in this case provides guidance on the following three main issues in a needs case (the majority of financial cases): 1. Should a pension be divided by the capital or income value if the aim is to promote equality? Normally in a needs case the court should look to equality of income as a pension generally is intended to provide income during retirement. 2. Should a premarital portion of a pension be excluded from division? This will often be unfair because the division will often not meet the needs of the party who did not make the premarital contribution. 3. When should a pension be offset? The judgment explores the difficulties in offsetting pensions, both from the point of view of meeting housing needs, and in practice as to what the fair offsetting value would be.


The full article will be published in the July issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

 

 

 

 

 

 


Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from