Pensions – Law Journals

Set aside: Right outcome, wrong route?

Ellie Foster analyses the court’s recent application of the Barder principles to a pension sharing order and whether the correct procedural route was adopted In Goodyear, it was necessary to understand the rationale for the pension share agreed, particularly given the flexible nature of pensions and the fact that in many cases they are treated …

Continue reading "Set aside: Right outcome, wrong route?"

This post is only available to members.

Pensions: Ticking Pandora’s boxes

David Wilkinson and Alexandra Goldrein look at a case involving a cautionary tale of ‘moving target syndrome’ As HHJ Hess pointed out in T v T, there is a statutory life-jacket available for adrift non-member spouses facing the prospect of an underfunded pension scheme, which ensures that the prospective transferee is first given the option …

Continue reading "Pensions: Ticking Pandora’s boxes"

This post is only available to members.

Pensions: Fail to prepare, prepare to fail

Ellie Foster and Carmelita Ardren discuss an appeal in which the procedural aspects of dealing with pensions assets and their value was at the fore There will always be some delay between the date of a pension sharing order, that order taking effect and ultimately it being implemented, which can trigger a change in the …

Continue reading "Pensions: Fail to prepare, prepare to fail"

This post is only available to members.

Schedule 1: Ripe for change?

Aisling O’Reilly, Lois Rogers and Sophie Groves argue that more flexibility is needed in Sch 1 cases to avoid a ‘cliff edge’ when provision under an order comes to an end It is important that any developments in the law regarding Sch 1 cases do not resemble matrimonial rights ‘through the back door’, but the …

Continue reading "Schedule 1: Ripe for change?"

This post is only available to members.

IHT: Unintended consequences

The nexus between pension transfers and IHT is not straightforward. Duncan Bailey and Imogen Trafford report on Commissioners for HMRC v Parry, which provides welcome guidance Mrs S’s omission was the operative cause of the increase in the sons’ estates and therefore under s3(3) inheritance tax was chargeable. The Supreme Court has ruled on a …

Continue reading "IHT: Unintended consequences"

This post is only available to members.

Overseas divorce: Tread carefully

Lizzie Smith and Laura Bond summarise the key elements of relief under Part III of the Matrimonial and Family Proceedings Act 1984 and the potential implications of the UK leaving the EU on such claims That a foreign court may have already made a financial order is not an automatic bar to a claim under …

Continue reading "Overseas divorce: Tread carefully"

This post is only available to members.