Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Read on

Pensions on divorce: another witches' brew

Date:17 JUN 2016
Third slide
Barrister, arbitrator and mediator

Another Witches’ Brew provides an up-to-date domestic review of the treatment of pensions on divorce in light of the recent 'pension freedom' changes state pension changes and up-to-date case-law.

Many of the usual textbooks have yet to catch up with the significant changes which have occurred in the pension context in the last few years. Another Witches’ Brew provides a short summary of what the family lawyer needs to know about pension liberalisation and state pension changes.

It goes on to look at the way in which reported case-law appears to be treating pensions on divorce and asks whether the reported cases provide realistic and binding guidance of general application.

It looks at the recent Family Justice Council 'Sorting out Finances on Divorce' paper (and subsequent 'judges paper') which provides helpful analysis of how pensions should be approached in needs cases.

It also looks at a recent decision of the Financial Services Ombudsman where a complainant was successful in securing over £100 000 in compensation from their Independent Financial Adviser for failing to advise him to purchase an annuity. The paper asks whether the recent High Court authorities on pensions...

Read the full article here.