A Guide to the Treatment of Pensions on Divorce

By Pension Advisory Group

The publication of this final report from the Pension Advisory Group is an important and very welcome event. The importance of the work is demonstrated by the fact that a good many busy and experienced practitioners have given up valuable time over the course of the past two years to produce this definitive guidance on the approach to the issue of pensions in Financial Remedy cases before the Family Court. For too long the division of pension assets, which may often be of significant value, has been confused by jargon, complicated structure and changing provisions; for too long, also, tales of divergent approaches to pension sharing in different court centres have brought the
integrity of the system into question. I am therefore extremely grateful to the Pension Advisory Group who have worked hard to produce guidance which de-mystifies this area and establishes clear ground rules for the proper approach to be taken in every
case.
Francis J and HH Judge Hess were appointed as co-chairs by my predecessor Sir James Munby, and convened this multi-disciplinary group of leading experts, practitioners and thinkers in the field to deliberate on these difficult issues. The membership
of the Group and the quality of this report establish its authority to pronounce on these matters. I endorse this report and, in doing so, commend it to all judges and practitioners as formal guidance to be applied when any issue regarding a pension falls
to be determined in Financial Remedy proceedings.

Finally, although it may go without saying from what I have already said, I wish to record my formal thanks to everyone who has taken part in this important project; I suspect that my gratitude will soon be shared by practitioners and judges up and down the country as they become used to referring to the wisdom within these pages on a dayto-day basis.

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