Pension lawyers and experts are rarely used to family law; family law-yers equally unlikely to keep abreast of pensions law. The new edition of this book provides both with what they need to handle their case. When a husband and wife decide to divorce it is frequently the case that one of them will own valuable pension rights and the other will not, or will own such rights of a smaller value. The interests of fairness may justify court intervention to redistribute these rights or make some other provision as compensation. This book attempts to explain and explore in an accessible fashion:
What powers the court has to intervene and redistribute these rights?
What are the procedural mechanisms which the court will follow in car-rying out this intervention and redistribution?
In what circumstances will the court consider it appropriate to inter-vene and redistribute these rights or make some other compensatory provision?
What actuarial issues may arise from such considerations? Completely updated to cover new legislation, and with extensive notes on current regulations, this work also includes all of the standard forms re-quired as well as a comprehensive series of tables and ready-reckoners to assist the reader in determining the best course for their clients.
SECTION A: LAW AND PROCEDURE Chapter 1. Different types of pension Chapter 2. Cash equivalent transfer values Chapter 3. Historical overview of pension redistribution by the courts on divorce Chapter 4. Law and procedure in relation to pension sharing orders Chapter 5. Law and procedure in relation to pension attachment orders Chapter 6. Miscellaneous procedural issues Chapter 7. Pension sharing – treatment of the CETV and CEB Chapter 8. The section 25 factors and the yardstick of equality Chapter 9. Off-setting Chapter 10. Solutions for cases in which pension sharing orders are not appropriate SECTION B: ACTUARIAL ISSUES Chapter 11. Using the CETV in practice Chapter 12. Public sector pension schemes
SECTION C: RELEVANT LEGISLATION Statutes, Statutory Instruments Family Proceedings Rules Pensions on Divorce etc (Provision of Information) Pensions on Divorce (Charging) Regulations The Pension Sharing (Valuation) Regulations 2000 ( The Pension Sharing (Implementation and Discharge of Liability) Regulations The Divorce etc. (Pensions) Regulations Sharing of State Scheme Rights (Provision of Information and Valuations) Regulations SECTION D: MISCELLANEOUS MATERIALS Statement of means Form Pension Inquiry Form Pension Sharing Annex Form Pension Attachment Annex Form Information on applying for a state pension retirement forecast Information on applying for a valuation of Additional State Pension Entitlements “Retirement Benefit Schemes – Transfers: Guidance notes published by the Institute of Actuaries and the Faculty of Actuaries Sample letter of instruction to a pensions actuary for an expert’s report Ready Reckoner tables
Edward Hess was appointed a District Judge of the Principal Registry of the Family Division in 2010. Formerly of Harcourt Chambers, where he specialised in family law, Edward conducted cases at all levels including the House of Lords, particularly in ancillary relief. Fiona Hay is a family law specialist at Harcourt Chambers practising exclusively in ancillary relief. David Lockett is Senior Actuary at Actuaries for Lawyers and a recognised authority on pension rights particularly in matrimonial cases, and consults on over 1,000 such cases each year. His practice also includes trust valuations.