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It’s a sad fact of life that the Christmas and New Year holidays can place added pressures on an already fragile relationship. This is evidenced by the number of divorces filed in the Courts in the early part of January.
Although the emotional strains may make it difficult it is essential for anyone considering divorce to understand all of the implications before embarking on a course of action they might regret. Perhaps the most misunderstood aspect of divorce is the treatment of various assets and in particular pensions.
A pension can be one of the most valuable matrimonial assets. On the breakdown of a marriage the other spouse has a claim on the pension as a matrimonial asset and this could have a major impact on both parties. The paying party’s future pension can be substantially reduced.
There are three methods of dealing with pensions on divorce, the first is offsetting which very basically leaves the pension as it is and the other spouse is compensated from remaining assets. |
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The second method is a ‘pension attachment’. This can have implications for the spouse in that they are reliant on the former spouse continuing to contribute and they would have to wait until that spouse retired before receiving the benefit.
The third method is a ‘pension sharing order’. This removes a percentage from the paying spouse’s scheme into a scheme on behalf of the receiving spouse.
Pensions are a complicated issue and it is imperative that you receive competent legal advice on the best method of dealing with your pension on divorce to ensure that your future is protected.
For advice on your pension rights or other divorce and related issues call on 01789 267377 or visit www.divorce-lawfirm.co.uk |
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