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International pension issues on divorce

Charlotte Symes discusses the procedure for obtaining an English pension-sharing order where a couple have divorced abroad

4 April 2017

Many international couples spend time living and working in England and by doing so they contribute to an English pension scheme. Often such couples will then get divorced overseas. The pension pot is usually one of the most significant assets. But treatment of an English pension on divorce is not always straightforward because it is not possible to share an English pension without an order of the English court.

At the very outset it needs to be determined whether the applicant (seeking an interest in the English pension) is able to make the relevant application in England for a pension-sharing order.

It is also helpful if the overseas order sets out the terms of how the pension is to be divided, as well as which party will make the relevant application to the English court, by when, and who is to pay the costs. This means that the application in England can be made by conse...

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