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PENSION PRODUCTS
GENERAL
PENSIONS AND DIVORCE
Overseas Divorce
If a foreign* jurisdiction grants a divorce decree dissolving the marriage, that foreign jurisdiction cannot make a pension sharing or earmarking order which has any validity in the United Kingdom.
In England and Wales, the policyholder's ex spouse would, following the "foreign" divorce, need to make an application for ancillary relief in the courts in England and Wales** to get an earmarking, or pension sharing, order. This application for ancillary relief would take the member's pension rights into account.
Generally, legislation requires UK courts, when taking account of UK pension benefits, to consider foreign divorce decrees in the same way they would a domestic divorce.
For further details on Divorce and Pensions see our leaflet.
*outside England and Wales, Scotland or Northern Ireland is foreign. Foreign includes the Channel Islands and the Isle of Man, together with all other countries.
** a court order is not required in Scotland to split a pension, it can be done by mutual agreement. Pension sharing is not available in Northern Ireland.
Mortgage Products
Legacy
Disclaimer
Pension Products
Contact
Protection Products
Investment Products
General
GENERAL PENSIONS AND DIVORCE
If a foreign* jurisdiction grants a divorce decree dissolving the marriage, that foreign jurisdiction cannot make a pension sharing or earmarking order which has any validity in the United Kingdom.
In England and Wales, the policyholder's ex spouse would, following the "foreign" divorce, need to make an application for ancillary relief in the courts in England and Wales** to get an earmarking, or pension sharing, order. This application for ancillary relief would take the member's pension rights into account.
Generally, legislation requires UK courts, when taking account of UK pension benefits, to consider foreign divorce decrees in the same way they would a domestic divorce.
For further details on Divorce and Pensions see our leaflet.
*outside England and Wales, Scotland or Northern Ireland is foreign. Foreign includes the Channel Islands and the Isle of Man, together with all other countries.
** a court order is not required in Scotland to split a pension, it can be done by mutual agreement. Pension sharing is not available in Northern Ireland.
