Can a couple living abroad and divorcing abroad but with a UK pension share that pension? Yes until the end of the year. But not from 1 January 2021. This summary article looks at the implications for many international families calls for statutory reform and urges couples to get their pension share orders quickly.
To share a foreign pension in the context of a divorce financial settlement will almost always require an order of the court where the pension is situated. Some countries but not England will permit a written agreement. So if a couple divorcing abroad with a financial settlement abroad want to share their English pension they need an English court order.
The English family court can do so. It has the power to make financial orders after an overseas divorce pursuant to Part III Matrimonial and Family Proceedings Act 1984 used as a vehicle to obtain an English pension sharing order for those getting divorced abroad to share their English pensions.
But there is a potential problem. There has to be a sufficient connection with England for the courts to make an order. ...
Read the full article here.