Pension sharing orders: Finch v Baker

The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making ‘negative contribution’ arguments and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing.  Simply arguing that an updated pension report is needed following an appeal hearing on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date is insufficient and misconceived. 

Background proceedings and outcome 

W was 57 and H 69.  The parties met in 1990 and began cohabiting from 1991 later marrying in 1993.  The parties separated in 2012/2013 by which point H was living in rented accommodation and W remained living in the former matrimonial home with their two young children twins born in 2011.  W had a successful career working for the BBC earning approximately £90 000...

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