We all hope not to go through a divorce but for those who must, we try to keep it as quick and painless as possible, in the interests of all parties while also advocating for a satisfactory settlement for our client. But with the end of the EU transition period comes a new set of legal hurdles; thankfully our Divorce Solicitors in Weybridge are here to guide you.
There are a mix of laws governing the partition of pensions after divorce as well as mixed nationality marriage and UK nationals who have got married in EU member states. However, there are a lot of situations where the ramifications are not so clear, and we are here to help you through the red tape and bureaucracy.
The pension pot is one of the larger assets which must be settled in a divorce; it can dwarf the valuation of the family home in some estates, both at the high end with executive pensions and low end where the family home is rented.
As the law stands, pension sharing orders are only valid on pensions acquired in the nation the funds are located; e.g. a couple divorces, but the husband’s main pension was earned and is located in France with a smaller pension earned in England. So, a pension sharing order is issued but it can only be applied to the smaller English pension.
This would also mean an English person could live long term in Spain, get a divorce via the Spanish courts but the Spanish pension sharing order would not apply to any funds in an English pension.
The popularity of retirement to Spain or the south of France, with a growing willingness to marry later in life or remarry whilst drawing an English pension, makes this scenario all too real for a significant number of people and the possibility of some very unjust separations to occur.
The end of the regulatory reciprocity between the UK and EU courts is at the heart of the issue but is seen as just the start. Many civil union marriages began during the union EU, and the terms that they may end on will not be the same as those on which they were formed.
Until this is addressed the important factors are going to be the location of domicile, which court you would use, the location of the pension when it was earned and the location of the organisation that is managing said pension.
With an increase in long-distance relationships selected with technology, it is possible to have two local domiciles in differing nations one in or not in the EU, making the ruling of either court irrelevant to the other party.
Some of these complications can be addressed at our Divorce Solicitors in Weybridge by seeking legal advice early and fully engaging in arbitrations and out of court settlements. Interactions overseas, take an experienced, and capable Divorce Solicitors in Weybridge, as the interactions between two separate nations, knowledge of two disparate legal systems and any relevant treaties make such cases challenging.