How to get a pension sharing order

How to get a pension sharing order

Pension sharing orders are an important part of financial settlements during divorce or dissolution of civil partnerships in the UK. To obtain a pension sharing order, you must first apply to the court as part of your overall financial proceedings.

The process typically involves full disclosure of both parties’ assets, including any pension pots, and may require expert advice from a financial adviser or solicitor. Once the application is made, the court will review the circumstances and, if appropriate, issue a pension sharing order detailing how the pension should be divided. It’s essential to provide accurate and up-to-date information to ensure a fair outcome. 

Is pension sharing a good idea? 

Whether pension sharing is a good idea depends on your individual circumstances. It can be an effective way to ensure both parties have financial security in retirement, especially if one partner has contributed significantly more to their pension than the other. However, it’s wise to consider the long-term implications for both parties and seek professional advice before proceeding, as dividing pensions can impact your future income and retirement planning. 

How much does it cost and who pays? 

The costs associated with pension sharing orders can vary. Generally, both parties may be responsible for their own legal fees, while any administrative charges from pension providers are usually deducted from the pension pot being shared. It’s important to clarify these costs with your solicitor and pension provider early in the process to avoid unexpected expenses. 

What if the pension sharing order is not implemented? 

If a pension sharing order is not implemented, the intended division will not take place and one party may miss out on their fair share of retirement benefits. Delays can occur due to incomplete paperwork, lack of communication with the pension provider, or failure to comply with court instructions. It’s vital to follow up promptly and ensure all necessary actions are completed to protect your interests. 

Can a pension sharing order be cancelled? 

Once a pension sharing order has been made and implemented, cancelling it is difficult. However, if the order has not yet been executed, it may be possible to apply to the court to vary or discharge it, especially if both parties agree or if there has been a significant change in circumstances. Legal advice should be sought to understand your options and the potential consequences of cancellation. 

How we can help you 

Only the court can issue a pension sharing order, but we can help you both before and after. Whether you need to find out the value of your pension(s) or want assistance implementing an existing pension sharing order, please reach out for advice. 

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