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Pensions on divorce: equalisation of income or capital?

Date:10 MAR 2015
Third slide
Barrister, arbitrator and mediator
In the Blue ‘equalisation of income in retirement’ Corner we find Coleridge J in RP v RP [2006] EWHC 3409 (Fam) [2007] 1 FLR 2105 and David Salter (sitting as a Deputy High Court Judge) in B v B (Assessment of Assets: Pre-Marital Property) [2012] EWHC 314 (Fam) [2012] 2 FLR 222.

In the Red ‘equalisation of available pension capital now’ Corner we find Mostyn J (albeit extra judicially) stating in the forward to Hay Hess and Lockett ‘Pensions on Divorce’ ‘For my part I am firmly in the [equalisation of capital] camp as [this] exercise must surely bring into account the inestimable benefit of actually being alive when the other party is dead! In my book it is an equal outcome for the husband to receive £20 000 annually for 10 years and for his younger wife to receive £10 000 for 20 years. But I acknowledge that my view is not shared by all and we may have to await a decision from a higher court to resolve this issue.’

Nicholas Francis QC sitting as a deputy High Court Judge has also recently...

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