Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

Pensions on divorce: a study on when and how they are taken into account

Sep 29, 2018, 19:24 PM
This article summarises the findings of a study of pensions on divorce in England and Wales, which included a survey of 369 divorce court files with a final financial remedy order, interviews with 32 family solicitors and 7 district judges and expert asse
Slug : pensions-on-divorce-a-study-on-when-and-how-they-are-taken-into-account
Meta Title : Pensions on divorce: a study on when and how they are taken into account
Meta Keywords : family law, pensions, divorce,
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 7, 2014, 04:15 AM
Article ID : 104989

This is the first detailed study into pension sharing since its introduction in England and Wales. It was designed to provide an insight into the manner and extent to which pensions are included in final divorce financial remedy orders. The overall purpose was to investigate any procedural, legal, economic or social factors which might be affecting the use of the court's powers with regard to pensions on divorce. The study was led by Hilary Woodward of Cardiff Law School, Cardiff University and Mark Sefton, former Research Associate, Cardiff Law School. The study was funded by the Nuffield Foundation

The below is a summary of Hilary Woodward's and Mark Sefton's exclusive article that will be published in the April issue of Family Law

This article summarises the findings of a study of pensions on divorce in England and Wales, which included a survey of 369 divorce court files with a final financial remedy order, interviews with 32 family solicitors and 7 district judges and expert assessment of a sample of the survey data.

The study explored the reasons for the low incidence of pension orders on divorce; the circumstances in which pension orders are most likely (or unlikely) to be made; the alternatives adopted; the apparent economic rationality and fairness of pension orders and the approaches to pensions in general; the rationales and objectives behind the orders; the quality of financial disclosure and the circumstances in which judges intervene on pensions in consent order cases.

The article concludes that pension sharing is a positive addition to the range of financial remedies on divorce but tends to be the prerogative of a relatively privileged minority. The complexity of pension issues manifests itself in a lack of clarity on pensions in financial orders and supporting documentation, and masks a gender imbalance in outcomes likely to be exacerbated by the reductions in public funding.

A full report of the study is available here.

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