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Pensions on Divorce (2nd Revised edition)

Our Price: £95.00 
Author(s): Hess, Judge Edward; Hay, Fiona; Lockett, David;
Classification(s): Pensions law; Family law: marriage & divorce;
ISBN-13: 9781908013194
ISBN-10: 1908013192
Publication Date: 20 Sep 2013
Imprint: Nova Law and Finance Ltd
Availability: In Print
Free Stock: In Stock
Average ratings assigned : 0. Rate this product / View all ratings and comments (0) Ratings / Reviews
Publisher: Sweet & Maxwell Ltd
Publication Country: United Kingdom
Binding: Hardback
Items: Contains Hardback
Pages: 406

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 

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Author Biography

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.

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