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Pensions on Divorce: Law, Practice and Precedents


ISBN13: 9780955283444
Published: January 2010
Publisher: Lime Legal Ltd
Country of Publication: UK
Format: Paperback
Price: Out of print



For separating spouses and civil partners, pensions are often a vital consideration. They may be the most valuable potential asset that a family has. It is imperative, therefore, that the family lawyer, advising a client on divorce or family breakdown, deals properly with the consequent pension problems and opportunities. But pension schemes are not designed to cope with family breakdown, and pension legislation and industry practice are fraught with complexity.

In Pensions on Divorce three of the country’s leading experts combine their wealth of knowledge and experience to provide family lawyers with everything they need to handle the pension aspects of family breakdown. Covering the law, practice and procedure relevant to everyday and more unusual cases, this immensely practical work will become the essential handbook for all practitioners advising couples on divorce, nullity, judicial separation or dissolution of a civil partnership.

The text is fully up to date and supplemented by a score of invaluable precedents, together with all the relevant legislation and guidance.

Subjects:
Family Law, Pensions Law
Contents:
Part 1: Law and Practice;
Foreword by Sir Mark Potter, President of the Family Division;
Introduction;
The UK Pension System;
Disclosure of Pension Information in Family Proceedings;
Valuing Pensions;
Pensions and the Section 25 Exercise;
Pension Sharing;
Pension Attachment;
Offsetting;
Other Solutions;
Special Situations;
Insurance;
Civil Partnerships;
Financial Advice;
Pension Scheme Practice;
Part 2: Precedents
Form P;
Form P1: Pension Sharing Annex;
Form P2: Pension Attachment Annex;
Form BR19;
Form BR 20;
Specimen letter to pension provider;
Specimen letter to actuary;
Specimen letter to client;
Form PR4: Tracing request;
Answer to divorce petition under MCA 1973, section 5;
Reply to answer filed under MCA 1973, section 5;
Pension attachment order undertakings;
Pension attachment lump sum order
Pension attachment periodical payments order
Pension attachment death benefits order
Pension attachment commutation order
Pension sharing order
Dismissal of pension sharing order;
Expression of wishes relating to death benefits
Comparison of remedies chart
Part 3: Legislation