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Are you going through a divorce? Have you considered a financial settlement with your spouse?

Posted: 04-02-2022

‘According to Which? Who conducted a survey found that only 15% of divorcing couples include pensions in their financial settlement (Which? Members carried out in November 2021). Of the 453 people surveyed, Which? Found 58% said that pensions were not discussed during their divorce proceedings.’


These are shocking statistics that could lead one party to face an unstable retirement if pensions are not included within the settlement.

Pensions should not be ignored when it comes to sorting out the finances. Pensions are considered one of the big assets usually after the parties’ family home. In relation to finances both parties by virtue of the marriage are entitled to make claims against the other as follows:

  1. For the other to pay periodical payments f maintenance (to assist with day to day living expenses)
  2. For the other to make a lump sum capital payment
  3. For any property that either of you owns to be sold and proceeds divided or to be transferred from joint to sole name
  4. For any pension provision that either of you has to be split so as to provide a separate and distinct pension for the other


Pension Sharing Orders were introduced by the Welfare Reform and Pensions Act 1999.


Before accepting any settlement with your spouse, firstly you will want to have full and frank disclosure of all the assets values. There are a number of factors considered when discussing a parties settlement and therefore potentially dismissing these claims *(and not having a financial consent order drawn up as part of your divorce), may lead to one party becoming significantly worse off financially.

*Consider getting a consent order – because without one a former spouse could bring a claim after a divorce has happened. This wraps up the divorce and prevents those future claims against capital and income.

Don’t become part of the statistics above and reach out for legal advice on this area. As divorce solicitors in Southampton, we are specialists in advising on Divorce and Financial Settlements.

If you are having difficulties agreeing with your spouse regarding pensions and whether these should be included or potentially offset against other capital assets, please contact us for advice. We also offer alternative dispute resolution in the form of Mediation, Arbitration and Collaborative Law.

Sousa Law are specialist Divorce Solicitors in Southampton, and we are committed to offering a helping hand during difficult times. For further information or advice, please call us on 02380 713 060, or email to book a free initial consultation with a solicitor.

By Kim Walsh