Pension sharing orders: duty to stay - MCA 1973 s. 24C
No pension sharing order may take effect before a period prescribed by regulations. Regulations are made by statutory instrument subject to annulment.
No pension sharing order may be made so as to take effect before the end of such period after the making of the order as may be prescribed by regulations made by the Lord Chancellor. The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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 places a temporary prohibition on pension sharing orders made under the Matrimonial Causes Act 1973. No pension sharing order can take effect until a period set by regulations made by the Lord Chancellor has expired.
The length of that period is not fixed in the Act itself; it is prescribed by secondary legislation. The regulations are made by statutory instrument, which can be annulled by a resolution of either House of Parliament.
When it applies
- A court makes a pension sharing order in a divorce but cannot specify an earlier effective date than the prescribed period.
- A spouse who expects a pension share to be implemented immediately after the order is made must wait for the prescribed period.
- The Lord Chancellor issues regulations setting the waiting period for all pension sharing orders.
- A pension scheme administrator receives a copy of a pension sharing order but must not implement it until the prescribed period ends.
- A party to divorce proceedings challenges the delay by arguing the prescribed period is unreasonable.
What this section does not say
- This section does not set the actual length of the waiting period; that is done by regulations.
- It does not apply to pension compensation sharing orders, which have their own duty to stay under s. 24F.
- It does not affect the court's power to make the order itself, only its effective date.
- It does not govern the content of the pension sharing order or the apportionment of charges.
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This page reproduces the text of MCA 1973 s. 24C 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.