It is a quirk of the system that any pension sharing order has to be expressed as a percentage of the fund from which it is being taken. Pension funds are not the same as money in a bank.
Family Law Guides
Why Nuptial Agreements Make Sense
The courts are likely to give considerable weight to nuptial agreements, and the weight applied can be influenced by following a few important steps.
Did you consider your spouse’s pension when you divorced?
If you did not think about pensions when you divorced, particularly if your divorce was after December 2000, you should speak to a lawyer to find out if this was something you should have looked at and whether it would be right for anything to be done about it now …
Divorce & Family: What to Expect at Your Initial Legal Consultation
The initial consultation with our divorce lawyer will cover options for resolving your claims, financial disclosure, potential outcomes, and arrangements for children. The focus is taking control of your future.
How does the Court deal with a family business on divorce?
The existence of family business assets tends to complicate divorce proceedings. Those running the business are anxious to know how the Court will treat their business and their other half of course wants to know if they are entitled to a share of the ‘business’ and if not why not?
Property ownership for cohabitees – common myths
Disregard entirely the law relating to marital breakdown when it comes to cohabitation. The following are the principle misconceptions many people hold and need to be corrected …
Can Discretionary Trusts be Protected on Divorce?
Discretionary trusts are where the beneficiaries and / or their entitlements to assets are in a trust fund but are not fixed. They are determined by the person who set up the trust (the settlor). Where the trust is a testamentary trust (i.e. made in a Will), it is common for the settlor to sign a Letter of Wishes which relates to the exercise of the discretion.
Is Cohabitation Grounds for Maintenance to End?
The payment of spousal maintenance is often a tricky issue in divorce cases. It becomes even trickier when the receiving party, usually the wife, starts to cohabit and the husband feels that it is not fair that he should be expected to continue to support his ex. Is the fact of cohabitation grounds for the maintenance to come to an end and the wife’s claims dismissed once and for all?
Is Wealth of Extended Family taken into Account upon Divorce?
It is not an uncommon situation that the extended family can be significantly wealthier than the couple who are separating. Sometimes, the parents of one spouse have provided assistance to the couple during their marriage and the other wants to argue that this is likely to continue to be the case …
Family Breakdown: What are my Rights?
What are my rights? This is the question most people caught up in family breakdown ask their solicitor. They are often quite frustrated at the answer!