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   Your Questions Answered
With the recent case of Owens v Owens throwing the spotlight ontAosdwivoerllcaespbroecinegdusroem,meaonfytahremasokisntgvwalhueatbhleratshsertesisa curcreonutplylesuccahntohwinng,apseans‘nionfsaualrt’edaivmorocneg. the least well
understood and can easily be overlooked when reaching a At tdhiivsotrimce,stehtetleomnengtrowuinthdoinutEnpgrolapnedraanddviWcea.leGsiafonrna
Pensions and divorce
Is there such thing as a ‘no fault’ divorce? Can my ex-partner move abroad with our children?
Lisiecki-Cunane, Saddleworth resident and partner at
Pensions can be split between a divorcing couple using
divorce is that the marriage has irretrievably broken down,
reality of one parent living abroad with the children can
JMW Solicitors LLP examines the issues.
pension sharing orders, even if one party has no provision
which must be evidenced by one of fifive facts: unreasonable
quickly become a separated parent’s worst nightmare. At sbuecyhonand ethmeosttioatnealplyenfrsaiuognh. Itntiomteh,etrakciansges,toepnsetpoagrteyt ecxapnert atankdetailgorreadteardvsihcaereis oesf sneonnti-aple. nsion assets to compensate
behaviour; adultery; desertion; separation for two years with
the consent of both parties; and separation for fifive years
The problem
them, sometimes known as offsetting.There is also the
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without consent. The closest fact to there being ‘no fault’ currently is separation but this requires that a person wishing
I remember last year reading research undertaken by
to divorce must wait at least two years to bring their petition
Prudential which showed that survey respondents who
were approaching retirement had lower expected
to tihnecodmiveosrcief )t.hOeyftehnad, oenxepoeribeontchepdamrtiaersrtiaogae mbraerarikadgoewnis.h
to bAendailvyosirscelidkemtuhcishosnoloynterlltshpanartthoisfatnhde wstilol rthyebreuftoIredoagkrneeow thathoanteitwisillelassyebnltaimalefornctohuepoltehsegrobiyngpethtirtiounginhgaedvidvoenrcedto by tuhnirnekasoenriaobuleslybeahbaovuiotupreonrsaiodnuslterayr.ly on.All too often,
people neglect pensions, to their cost.
Law. A parent cannot relocate abroad with children without
(and only then if the other party to the marriage will consent
Financial advice
The recent case of Owens v Owens was widely reported as an example of the unhappiness that the current divorce
drawdown changed signifificantly in 2015, providing a huge
What you can do
variety of new options for those approaching retirement
procedure can cause. Mrs Owens failed to show that her marriage to Mr Owens had irretrievably broken down due to
The Family Court’s paramount concern is what will be in
The fifirst step is to get to know your own situation as
the child’s best interests. For the Court to allow a child to
her Husband’s unreasonable behaviour, which he challenged
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mreutsirtebde. Cabolueptloesdedmivorncsitnragtienntohteoirntlwy tehnattietsheanmdotvheiritsieins
many do not.As you move through your working life, you
can build up multiple pension pots which can be over MrsloOowkednsdmueustotncohwanwgeasitoufnhtiolsmheahdadsrbeesesnosrerpeasrtartuecdturing frominMthreOfifiwnaencsiafolrse5ryveicaersbinedfousretrsyh.Memakaeyahativmeealidnievorfcaell becyaousrejMobrsOawnedntshwinikllanbootuctownsheanttptoentshieondsivworecre.included.
Dig out your old paperwork and use www. WhfifiilnstdtpheenOsiownecnosn’ dtaectisi.osenrhvaicseb.grouv.guhkttoheseqeuewsthionaodfministers
and argued that his behaviour had not been unreasonable.
your pensions today.
gives you security into the future.
reform of divorce procedure fifirmly to the front of people’s
plan will be put into place for the child to continue to have
a relationship with the non-moving parent, and so on.
Many families now have the opportunity to move abroad topursuethecareerandlifestyleadvantagesthatsucha
What we can do
relocation may bring. Whilst this may be the dream many
A good solicitor will help you work out what you really
couples share for themselves and their children, when a
want from your fifinancial settlement in terms of pensions.
relationship turns sour or breaks down altogether then the
the consent of every person who has parental responsibility for the children. In the absence of consent from the non-
I work closely with fifinancial advisers, planners and
moving parent, a Court Order would be required before the
actuaries so that my clients know that all possible avenues
move could happen; failing which a relocation would be
have been explored properly.The rules on pension
regarded as an abduction of the children, with serious legal
implications for the moving parent.
age.This can be complicated and getting it wrong can land
you with a huge – avoidable – tax bill.
need to consider the issue seriously. Divorce costs money
thechild’sbestinterestsbutthattheyhavealsodonetheir
homeworkintermsofthepracticalities,forexamplethe
simply because you need more resources to run two
Courtwouldexpectthemtohaveaclearplanofwherethe
households than one. However, there are ways of dealing
children are going to be living, evidence of school places,
with pensions to ensure that your divorce settlement
evidence of the moving parent’s future employment, what
 minds, the divorce procedure currently does not enable a
When your spouse is asked to provide you with fifinancial
person to petition for divorce based on ‘no fault’. It is hopeful
disclosure, you should get a chance to ask questions,
that reform will be effffected in the future, with a private
including whether you think there are any gaps in their
members bill having been submitted to the House of Lords for
pension history.That said, avoid the temptation to look fo conthsiedierraptriiovnataenpdaapGerosvaernomunednthceonhsoumltaetiboencnaouwseuint diserway. It isupnrloawpofusletdothsaetarthceh cthurroeungthdiyvourcresporoucsed’suprerisorenfaolrmed so tdhoactuampenrstosnwwitohuoludtbpeearbmleistsoiopne.tition for divorce by notifying the other party that the marriage has irretrievably broken down, without having to prove the breakdown by
one of the fifive facts. If the reforms are introduced then the possibility to contest a divorce is likely to be abolished.
For now, until any reforms are introduced by law, a person who wants to be divorced must still prove that their marriage has irretrievably broken down and prove one of the fifive facts to the Court rather than being able to rely on ‘no fault’.
r
early as possible should be any parent’s fifirst port of call.
Sometimes matters can be resolved without involving the
For an informal chat about this or any
Court and getting some specialist and practical advice as
other family law question, call me
Gianna Lisiecki- Cunane on 0161 828 1883 or gianna.lisiecki@jmw.co.uk
 Call us for a free initial chat or visit www.jmw.co.uk
  Gianna Lisiecki-Cunane
 Elspeth Kinder
Partner at JMW Solicitors
Joint Head of Family Law Manchester
T: 0161 828 8384
 T: 0161 828 1883
M: 07713 342 409
E: elspeth.kinder@jmw.co.uk