Page 33 - WMPF Federation Oct-Nov 2018-flip
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Police pensions on divorce
By Lorraine Harvey, your spouse has a pension then this will young and there are no children.
principal lawyer in family also need to be valued and taken into If we can show that parties’ needs have
law at Slater and Gordon account when considering your spouse’s been met and they have no genuine need
claim against your pension. for pension accrued outside of the
ere at Slater and When the courts are required to decide relationship, then we’re more likely to be
Gordon we often how parties’ finances should be divided, successful in protecting years of a pension
Hget asked a lot of statute sets out what the court has to accrued outside of the relationship.
questions from officers consider. In addition to this, there are key However, we cannot offer any guarantees
about their police pensions. principles in case law such as a party’s with this approach and if the parties are
Understandably officers are usually keen to needs (which can include housing needs older, and the spouse has little or no
protect their pensions. and incomes), sharing and compensation. pension provision of their own, then these
When parties are going through a Only once parties’ needs have been met arguments are less likely to be successful.
divorce a spouse will be entitled to know will the court consider contributions based The best advice we can give officers is
how much an officer’s pension is worth. An arguments. For example, if an officer joined to deal with their matrimonial finances
officer can find this out by calling their the police service in 1995, began co- including their pension when they
pension administrators and requesting habitating with their partner in 2005 and separate. For example, an officer separated
Going Call us the total value of your pension at the date that officer accrued between 1995 and deal with finances on separation. If the
from his spouse 13 years ago but did not
their cash equivalent transfer value. This is
then married in 2006 should the pension
officer had dealt with his finances 13 years
2005 be excluded?
you make the request and the value that
ago, the pension share which his spouse
This is a scenario which commonly
your pension would be given if you were
through a before your able to transfer it to a new pension arises for many of the officers which we needed would have been a 14 per cent
share, however, 13 years on the pension
represent. Unfortunately, there’s not a
scheme. If your pension is in payment you
share which his spouse is now looking at
simple answer to this question. Generally
would need to obtain a cash equivalent
achieving is 32 per cent.
benefit statement instead.
speaking, pensions are more likely to be a
If you would like specialist advice on
significant issue if the marriage is long and
Once the value of your pension is
divorce? ex does. known we’ll then be in a position to if there are children of the marriage. your finances from a family lawyer, please
contact Slater and Gordon on 0808 175
Pensions will be less important if the
consider what your spouse’s claim is likely
7710 and we will be happy to help.
to be and how this claim can be settled. If
marriage is short, the parties are relatively
ARREN & CO
We’ve been working with the w
Police Federation for over fifty
years – longer than any other
firm. No one understands
better the unique pressures of (Complete Financial Solutions) Ltd
police work, and how to protect
your rights – especially your
pension. If you’re going through Offering FREE Independent Mortgage Advice
a divorce, we offer a free initial
Lorraine Harvey, consultation, fixed fee packages,
Principal Lawyer at discounted rates and flexible We hold Mortgage Surgeries at the following locations
Slater and Gordon payment options plus give you
access to some of the country’s Bloxwich, Bournville, Brierley Hill, Coventry, Lloyd House,
best family lawyers. Perry Barr, Sheldon, Stechford, West Bromwich, Wolverhampton
If you think we could help, call us
on 0808 175 7710 As part of our commitment to your Federation
slatergordon.co.uk/police-law we offer appointments to suit you
Offices throughout the UK. For further information contact the Federation office on
0121 700 1200
or
Call Warren & Co to find out the dates for each location
01452 547783
Your home may be repossessed if you do not keep up repayments on your mortgage. Think carefully before securing other debts against your home
Warren & Co are a Member Service therefore there will be no charge for administering your mortgage.
www.polfed.org/westmids
federation October/November 2018 33
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