IMPLEMENTING A PENSION SHARING ORDER ON DIVORCE

Pension Sharing is where an existing pension is physically split and divided as part of a divorce settlement.

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The amount is always set out as a percentage of the pension's cash equivalent value.

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As a result, the ex-spouse receives a pension in their own name and under their control.

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When a Pension Sharing Order is granted, the pension fund will indicate whether the spouse who did not accrue the pension can keep their share within the fund or whether an external transfer is required.

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An external transfer means the pension proceeds awarded to the ex-spouse must be transferred out and invested into a separate pension scheme in their own name.

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This is often the case, and Financial Advice is required to ensure each client receives the best advice based on their personal needs and circumstances.

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Here’s a summary of what the process involves:

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• We’ll start with an initial discussion to talk through your situation and establish what needs to be done.

• I’ll need a copy of your Pension Sharing Order and a signed letter of authority from the original pension holder, allowing me to obtain the necessary information about the pension in question. (I will provide the letter of authority for you to sign.)

• I will then confirm with the pension provider whether a transfer out is required or if the pension can remain in its existing fund.

• If a transfer is required, I’ll carry out a full fact-find with you to get a clear picture of your circumstances so I can provide the right advice regarding setting up your own pension.

• I will also complete a risk profile questionnaire with you to ensure my recommendations align with your attitude toward risk and your comfort level.

• The above is crucial so we can be absolutely sure you are receiving the correct advice.

• Based on the above I will then prepare your Suitability Report which explains your circumstances, what I am recommending and the reasons why. This includes your new pension provider, and the specific pension fund(s) you will be investing in.​

• Once we have been through the report if you are completely happy with the advise, we can then complete the required provider application forms.

• I’ll also guide you through any other requirements, such as providing ID and address verification for Money Laundering purposes.

• At this point we send everything to your new pension provider and they will process the application and set up your new pension. Once set up we arrange for the pension funds awarded to yourself to be transferred in and then you are in possession of your very own pension.

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Most people with substantial pensions also want the peace of mind of knowing someone is looking after them over the long term, therefore we can set up an annual review to ensure things are looked after, and also help advise you when you are ready to draw your pension whether that be straight away or in the future.