How does the treatment of pension rights on divorce differ between England & Wales?
The treatment of pension rights differs according to jurisdiction and it may be appropriate for members to consider under which legal jurisdiction they wish their divorce settled.
Difference between England & Wales and Scotland
England & Wales
- Both pensions and lump sums can be earmarked.
- Pension sharing can only take place by Court orders.
- All pension assets are taken into account.
- The Pension Sharing Order will state the percentage of the rights to be shared.
Scotland
- Only lump sums can be earmarked.
- Pension sharing can take place by Court order or by qualifying agreement between the parties.
- Only pension assets accrued during marriage are taken into account.
- The Pension Sharing Order will state the percentage of the rights to be shared or specify an amount to be transferred.
