Brexit and Pension Sharing Orders After an Overseas Divorce

With increasing numbers of couples moving around the world to live, it’s not uncommon to have assets in more than one jurisdiction.

When a marriage breaks down all assets have to be taken into consideration – not just those which are held in the country of residence at that time. This means that a couple living, for example, in Australia, will take into account a pension held in England. However, that English pension can only be made the subject of a pension sharing order if there is a court order made in England.

The law enables this to happen if there is a sufficient connection with England. If there isn’t then there can be a problem. At the moment this problem can be overcome, as English courts can make a “needs based order” provided no other EU Member State has jurisdiction. After 31^st December 2020 when the current transitional arrangements end, this will no longer be available.

Time is of the essence and if this may impact you then it’s crucial to obtain an Order before the end of 31^st December 2020.

Sandra Marshall and Madeleine Young are both specialist family lawyers. Contact Sandra on 0118 955 9615 or Madeleine on 0118 955 9616 to discuss your matter on a no obligation basis.

Published on 09/10/2020