Protecting the Bank of Mum and Dad through cohabitation and nuptial agreements
The “Bank of Mum and Dad” remains one of the UK’s largest sources of property finance. With high property prices
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Pensions are often one of the largest assets in a divorce, but they can also be the most misunderstood. Whether you are close to retirement or decades away, the decisions you make now can affect your financial security for life.
At Tees, our expert family lawyers help you understand what your pension is worth, what you may be entitled to, and how to reach a fair outcome that supports your future.
There are three main ways pensions can be dealt with:
Pension sharing orders: a percentage of one spouse’s pension is transferred into a pension in the other spouse’s name. This is the most common option and creates a clean break.
Pension offsetting: one spouse keeps their pension, while the other receives a larger share of another asset, such as the family home or savings. Care is needed, as pensions and property are not directly comparable.
Pension attachment orders: part of the pension income is paid to a former spouse when it comes into payment. This option is less common and does not create a clean break.
We will explain the advantages and risks of each approach so you can make an informed decision.
Pensions are considered part of the matrimonial assets under the Matrimonial Causes Act 1973. This means they are considered alongside property, savings, investments and business interests when reaching a financial settlement.
The court’s starting point is fairness. That may involve sharing pensions built up during the marriage, particularly in long marriages. In shorter marriages, or where contributions were made before marriage or after separation, different arguments may apply.
Every case depends on your circumstances, your needs and your long-term financial position.
All pensions must be disclosed during financial proceedings. This includes UK and overseas pensions. These may include:
Defined benefit pensions can be complex and may be more valuable than their transfer value suggests. If you or your spouse has a public sector pension, specialist advice is essential.
The Tees family team are hugely experienced and great at everything they do. They are very professional, caring and responsive when working together on cases.
Dividing pensions is not just about numbers. It is about independence and stability in later life. We will:
Our clients range from high-net-worth individuals with complex finances to those with more straightforward needs. Our family law team works closely with our in-house independent financial advisers, allowing us to provide joined-up legal and financial advice tailored to your long-term plans.
Please complete this form and one of our team will be in touch with you shortly.
Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.
If you want a lawyer to take a closer look at your situation, our family and divorce lawyers are based in:
But we can help you wherever you are in England and Wales.
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Yes. Pensions are treated as matrimonial assets under the Matrimonial Causes Act 1973 and are considered alongside property, savings, investments and business interests when reaching a financial settlement.
Not necessarily. The court’s starting point is fairness, not automatic equality. In long marriages, pensions built up during the marriage are often shared. In shorter marriages, or where significant pension contributions were made before the marriage or after separation, different arguments may apply.
All pensions must be disclosed. This includes:
Each type of pension is valued and treated differently.
A pension sharing order transfers a percentage of one spouse’s pension into a pension in the other spouse’s own name. It is the most common approach and provides a clean break, as each person then has their own separate pension fund.
Pension offsetting allows one spouse to keep their pension while the other receives a greater share of another asset, such as the family home or savings. Care is needed because pensions and property are taxed and accessed differently.
A pension attachment order provides that part of a pension income or lump sum is paid to a former spouse when the pension comes into payment. This does not create a clean break and is less commonly used.
They can be. While contributions made before marriage may be considered non-matrimonial, the court still has discretion. The relevance of pre-marital pension savings will depend on the length of the marriage and each party’s financial needs.
Public sector pensions, such as NHS, teachers’ or armed forces schemes, can be complex and may be more valuable than their transfer value suggests. Specialist legal and financial advice is essential to ensure a fair outcome.
In many cases, yes. Pensions are technical and mistakes can have long-term consequences. Working with Tees’ experienced family lawyers and independent financial advisers helps ensure that the settlement reflects both immediate needs and future retirement security.
