Delaying pension compensation sharing MCA 1973 s. 24F
Pension compensation sharing orders cannot take effect immediately; they must be stayed for a statutory period set by regulations from the Lord Chancellor.
24F No pension compensation 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
When a court makes a pension compensation sharing order during divorce proceedings, the division of Pension Protection Fund compensation does not take effect immediately upon being ordered.
This section imposes a mandatory stay on the order. It holds back the effective date until a specific period defined by regulations made by the Lord Chancellor has passed, allowing an administrative window before the rights are formally transferred.
When it applies
- A former spouse demands immediate implementation of a newly issued pension compensation sharing order.
- The Pension Protection Fund pauses the transfer of compensation rights until the prescribed waiting period elapses.
- A party in financial remedy proceedings seeks to confirm when a compensation sharing order legally takes effect.
What this section does not say
- Determining what share or percentage of pension compensation a spouse receives.
- Standard pension sharing orders that do not involve Pension Protection Fund compensation.
- Apportioning administrative fees charged by pension compensation schemes.
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. 24F 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.