Pension sharing orders in divorce etc. MCA 1973 s. 24B
MCA 1973 s. 24B: court may make pension sharing orders in divorce/nullity, effective only after final decree, and not if already shared or subject to s.25B/25C.
On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final), the court may, on an application made under this section, make one or more pension sharing orders in relation to the marriage. A pension sharing order under this section is not to take effect unless the divorce or nullity of marriage order on or after which it is made has been made final. A pension sharing order under this section may not be made in relation to a pension arrangement which— is the subject of a pension sharing order in relation to the marriage, or has been the subject of pension sharing between the parties to the marriage. A pension sharing order under this section may not be made in relation to shareable state scheme rights if— such rights are the subject of a pension sharing order in relation to the marriage, or such rights have been the subject of pension sharing between the parties to the marriage. A pension sharing order under this section may not be made in relation to the rights of a person under a pension arrangement if there is in force a requirement imposed by virtue of section 25B or 25C below which relates to benefits or future benefits to which he is entitled under the pension arrangement. See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a court to make a pension sharing order when granting a divorce or nullity of marriage, or at any time after that order (even before or after it is made final). However, the pension sharing order does not take effect until the divorce or nullity order is made final.
A pension sharing order cannot be made if the same pension arrangement has already been the subject of a pension sharing order between the same parties, or if the parties have already shared that pension between themselves. The same restriction applies to shareable state scheme rights. Additionally, no pension sharing order can be made if there is already a requirement under section 25B or 25C (pension attachment or lump sums) relating to benefits under that pension arrangement.
The court's power is limited to divorce or nullity proceedings; it does not apply to judicial separation. See also section 52A for definitions of 'divorce order', 'nullity of marriage order', and 'judicial separation order'.
When it applies
- A couple divorcing, and the court orders a percentage of one spouse's private pension to be transferred to the other spouse.
- After a divorce petition is filed but before the decree is made final, one spouse applies for a pension sharing order; the order is made but will only take effect when the divorce becomes final.
- Previously, the same pension arrangement was already subject to a pension sharing order in the same marriage; the court cannot make another order.
- A pension arrangement has benefits that are already subject to an attachment order under section 25B; the court cannot make a pension sharing order over those benefits.
- Shareable state scheme rights that have already been shared between the parties in the marriage cannot be subject to a further pension sharing order.
What this section does not say
- This section does not cover pension compensation sharing orders (dealt with under section 24E).
- It does not set the amount or percentage of the pension to be shared (that is determined under section 25).
- It does not apply to pension attachment orders (which are covered by sections 25B and 25C).
- It does not apply to judicial separation proceedings (only divorce or nullity of marriage).
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of MCA 1973 s. 24B in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.