Divorce -I’ve come to an agreed settlement with my husband – can we split the pension without a formal court order?

No, you cannot. If you have agreed that there should be a pension sharing or pension attachment order, you should agree a consent order which sets out the agreement you have reached. The Consent Order will need to be approved by the Court and sent to the pension provider to implement. It is unlikely that you will need to attend Court for the consent order to be approved as generally the District Judge will be happy to do this based on the consent order and a statement of information form which is filed with it.

You could simply reach an agreement whereby your spouse pays you a set amount of their pension on a voluntary basis without Court order, however, this is a very dangerous way to proceed as, if your former spouse passed away, the payments would stop.

The safest way of splitting pensions is to have a pension sharing order. This will be paid to you regardless of whether your former spouses passes away or if you remarry.

Going through divorce and worried about your pension – contact our specialists today

Issues surrounding pensions are perhaps the most complex when it comes to divorce – and sadly, some solicitors simply get it wrong. There seems to be a growing number of professional negligence claims arising out of incorrect advice from divorce lawyers about pensions, and their valuations in particular.

Our Solicitors are divorce and pensions specialists – contact us today on any of our phone numbers – see the box on the right-hand side of this page – or by email at  advice@the–divorce-solicitors.co.uk