Appeals on implemented pension sharing MCA 1973 s. 40A
If a pension provider or the Secretary of State has acted to their detriment after a pension sharing order took effect, the court cannot set it aside.
Subsections (2) and (3) below apply where an appeal against a pension sharing order is begun on or after the day on which the order takes effect. If the pension sharing order relates to a person’s rights under a pension arrangement, the appeal court may not set aside or vary the order if the person responsible for the pension arrangement has acted to his detriment in reliance on the taking effect of the order. If the pension sharing order relates to a person’s shareable state scheme rights, the appeal court may not set aside or vary the order if the Secretary of State has acted to his detriment in reliance on the taking effect of the order. In determining for the purposes of subsection (2) or (3) above whether a person has acted to his detriment in reliance on the taking effect of the order, the appeal court may disregard any detriment which in its opinion is insignificant. Where subsection (2) or (3) above applies, the appeal court may make such further orders (including one or more pension sharing orders) as it thinks fit for the purpose of putting the parties in the position it considers appropriate. Section 24C above only applies to a pension sharing order under this section if the decision of the appeal court can itself be the subject of an appeal. In subsection (2) above, the reference to the person responsible for the pension arrangement is to be read in accordance with section 25D(4) above.
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 party appeals a pension sharing order that has already taken effect, specific restrictions protect third parties who implemented it. If the pension scheme administrator or the Secretary of State has already acted to their detriment by relying on the order, the appeal court cannot set aside or alter that pension sharing order.
The appeal court may ignore detriment if it considers the detriment to be insignificant. Even when the court cannot alter the original implemented order, it retains the power to issue alternative or additional orders, including new pension sharing orders, to place the parties in an appropriate position.
When it applies
- An ex-spouse appeals a court order after the pension scheme administrator has already reallocated the pension rights to the other party.
- A party challenges a state pension sharing order after the Secretary of State has already adjusted their shareable state scheme rights.
- An appellant asks the court for alternative financial remedies because the original pension split cannot be undone without causing detriment to the pension provider.
What this section does not say
- Appeals brought against a pension sharing order before the order officially takes effect.
- Routine applications to vary ongoing spousal maintenance or financial relief orders under mca1973s.31.
- Applications to invalidate property transfers made to defeat financial claims under mca1973s.37.
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This page reproduces the text of MCA 1973 s. 40A 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.