03 July 2020
The much awaited Divorce, Dissolution and Separation Bill which will simplify the divorce process by removing the need to show a ground upon which the Divorce Petition can be based as at present has just received Royal Assent.
There is pressure from the Law Society to amend the Bill, to ensure that the final Divorce Order cannot be granted until the Pension Sharing Order has taken effect. It is essential that where a Consent Order, setting out any terms of settlement agreed between the parties on the ending of their marriage, includes a Pension Sharing Order, that the Application for Decree Absolute, which is the final Order in the divorce process, is not applied for until 28 days from the date the Consent Order with the Pension Sharing Annex has been approved and sealed by the Court.
This is a very important amendment and it is hoped that the Government will ensure that the Bill, before it is implemented, which is expected to be later in 2021, that provision is made to avoid the final Divorce Order being made when there is a Pension Sharing Order. It is because this period must have elapsed before the process to give effect to the Pension Sharing Order can commence. This is to avoid a possible problem of the party whose pension it is were to die before the implementation period for the Pension Sharing Order can commence, but after the Decree Absolute has been made. If this were to happen, the party receiving the Pension Share would no longer be treated as a legal widow or widower and would be left in a vulnerable position so far as the pension aspect of any settlement is concerned and would not receive their pension share. It is therefore essential that an amendment is made to avoid this situation arising.
This is not legal advice; it is intended to provide information of general interest about current legal issues.
If you require advice in relation to pension options and the distribution of family assets in divorce, you should contact Lynne Barton or Nicola Bennetts at Aldridge Brownlee LLP on 01202 294411, Kingsway House, 13 Christchurch Road, Bournemouth, Dorset, BH1 3JY, E-Mail: Lynne.Barton@absolicitors.com or Nicola.Bennetts@absolicitors.com for a fixed fee appointment.
