Pension sharing charges apportionment - MCA 1973 s. 24D
The court may apportion charges under section 41 of the Welfare Reform and Pensions Act 1999 (or NI equivalent) when making a pension sharing order.
If a pension sharing order relates to rights under a pension arrangement, the court may include in the order provision about the apportionment between the parties of any charge under section 41 of the Welfare Reform and Pensions Act 1999 (charges in respect of pension sharing costs), or under corresponding Northern Ireland legislation.
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 the court, when making a pension sharing order under section 24B, to decide how the parties will share the costs charged under section 41 of the Welfare Reform and Pensions Act 1999 (or the corresponding Northern Ireland legislation).
Those charges are the costs of implementing the pension sharing order, such as fees the pension scheme charges for processing the order.
The court can include a provision in the pension sharing order that apportions those charges between the parties, for example requiring one party to pay the full amount or splitting it in a specified proportion.
When it applies
- A divorcing couple cannot agree on who pays the fee the pension scheme charges for splitting the pension.
- One party wants the other to bear all the costs of the pension sharing arrangement.
- The court includes a clause in the order that each party pays half of the implementation charges.
- The pension scheme's administrator charges a fee, and the court decides it comes from the pension holder's share.
What this section does not say
- This section does not set the amount of the charges; those are set by the pension scheme or legislation.
- It does not determine who gets the pension or how much of it is shared—that is governed by section 24B.
- It does not cover other types of costs like legal fees or court fees.
- It does not apply to charges under other legislation, only section 41 of the Welfare Reform and Pensions Act 1999 or its Northern Ireland equivalent.
Related sections
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This page reproduces the text of MCA 1973 s. 24D 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.