Case Study 7 - The Separating Couple

Background

  • Mr & Mrs C were both aged 61, in good health, with three grown up children. Mr C had a British Petroleum pension in payment of £18,000 per annum with provision to Mrs C on death of £15,000 per annum (83%).

Concerns

  • How to provide an adequate split of pension assets which was fair to both sides.
  • No shadow membership available.
  • CETV – poor value to both sides.

What We Did

  • Requested an actuarial report which stated that the share needed to be 63%:37% in Mrs C’s favour to equalise gross pension in payment of £7,000 each.
  • We advised on the clients on their options including the costs of implementing a pension sharing order and the consequences of this approach.

The Results

  • Clients decided not divorce but legally separated.
  • Mr C retained his higher pension.
  • Mrs C retained her 83% benefit on Mr C’s demise.
  • Both would have been short changed by a sharing order.
  • Novel and innovative solution.

What Our Clients Say...

Phil’s assistance has been, and continues to be invaluable...
“I have been a family lawyer for nearly 20 years. Pensions have until recently been dealt with on CETV but over the last 2 years the Court’s are becoming more actively involved and now look behind the CETV to the actual benefits of schemes and how these can be properly divided on divorce.

Phil’s assistance has been, and continues to be invaluable. He has advised on a number of complex cases with significant pension assets which has meant I am absolutely reassured my client’s are being properly advised from the outset by someone who not only is clearly an expert in their field but explains things in a user friendly way. Phil assistance in an advisory capacity has helped my client’s to make sure they not only get the best result but also to ensure, moving forward, we can look at not only the pension share but where is the best place for that to be held to maximise the return.

Phil is always available to advise and answer any questions I have, including helping to decipher actuary reports to my client’s best advantage. I would genuinely and wholeheartedly recommend his services to any family lawyer and would say he should be involved in every case where there are pensions involved.”
Alison Barnes - Barnes Family Law, Liversedge, West Yorkshire

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