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Divorce law blog

Pension Sharing following a foreign divorce

27/10/2015   By: Philip Way

Modern employment requires geographical flexibility and many individuals will live in a number of different countries over a working lifetime. If you or your spouse have lived or worked in England, or worked for an English employer, you or your spouse may be a member of an English pension scheme.

If you are no longer living in England and become involved in divorce proceedings elsewhere, if you wish to share an English pension as part of the settlement, English pension companies will require an English pension sharing order.

The best course of action is to involve an English lawyer in the negotiations for a divorce settlement before the overseas divorce is finalised. That way, you can make sure that it will be possible to achieve what you would wish with the English pension involved in your case. For example, before a US Qualified Domestic Relations Order (QDRO) is made, you should ensure that you will be able to obtain a pension sharing order in England against any English pension referred to in the QDRO.

If you already have an overseas financial settlement, all may not necessarily be lost. It may still be possible to obtain a pension sharing order against the relevant pension. See our Finances after a foreign divorce page for more information.

This is a specialist area of family law. We recommend you contact an experienced international divorce lawyer. Mills & Reeve have dealt with a significant number of pension sharing cases following a foreign divorce . If you would like to discuss your position further I would be pleased to do so.

Philip Way

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