What is a Pension Sharing Order?
Pension sharing orders are used to redistribute a couple’s pension provisions following a divorce or dissolution of a civil partnership. When a pension sharing order is made, the paying party’s pension provider is instructed to transfer a specified percentage of that pension into a pension in the name of the receiving party. The pension is effectively lifted out of the paying party’s pension and paid into a pension belonging to the receiving party so that it becomes their pension to do with as they please. Once implemented, the paying party cannot dictate to the receiving party what they should do with the pension. It is worth remembering however that when a pension is transferred under a pension sharing order, it must be paid into another pension and it cannot be released as cash. A pension sharing order is also not available to couples who have chosen to have a judicial separation rather than a divorce/dissolution.
Related FAQs
Yes. The Land Registry published a new service update on 14 May, here:
https://www.gov.uk/guidance/coronavirus-covid-19-impact-on-hm-land-registrys-service
Importantly, the Land Registry will process registrations where documents have been executed using the Mercury signing approach:
For land registration purposes, a signature page will need to be signed in pen and witnessed in person (not by a video call). The signature will then need to be captured, with a scanner or a camera, to produce a PDF, JPEG or other suitable copy of the signed signature page. Each party sends a single email to their conveyancer to which is attached the final agreed copy of the document and the copy of the signed signature page.
To summarise some further points:
- Most information enquiries are experiencing minimal delays
- Registrations of new titles, such as on sales of part or new leases, and applications to update existing titles, are experiencing more significant delays but can be expedited via the expedite service
- Cancellation dates for replying to requisitions are extended until further notice
- Access to free documents on the land registry portal has been extended to 90 days from completion of the transaction
- Identity requirements have been relaxed. The Land Registry will now raise a requisition for identity documents, and not cancel applications
- Requests for extensions to a notice or objection period will be granted if lawfully possible
- Land charges searches can be submitted electronically with PDF documents
Parties are encouraged to review upcoming matters to assess the viability for there to be any agreement which can be reached in relation to the issues in dispute or to consider whether the case needs to proceed to a remote hearing. If directions or issues can be agreed between the parties, reducing the need for remote hearings, then that is the preferred option.
It is always better for claims which challenge the validity of a Will to be brought before any Grant of Probate is issued because it is possible that distributions may have been made before your claim is raised, which can make recovery of assets more difficult.
In order to stop a grant being issued, a document known as a caveat can be lodged at the Probate Registry. This is often the first step in disputing the validity of a person’s Will, and it is a step which we can assist you with.
Yes. With respect to employees you have an obligation to protect their health so you can gather information to do that. You might gather information from your employees on who has the virus, who has had it and recovered and also who has tested negative. You might also want to know if individuals have been in contact with someone who has it or if they are in a vulnerable group. It is reasonable to want to know where individuals have travelled. In the future it may also be reasonable to know if they are planning to travel to a virus hot spot, as the impact of the virus around the world is likely to continue for some time even after the outbreak has been contained in the UK.
It is reasonable to gather some information about visitors to your site, be they customers or suppliers, as this information will also help protect your staff. However, you should keep what you gather to a minimum. For visitors, it’s unlikely that you need to know anything more than they have Covid-19, are displaying symptoms or have recently been in contact with someone who has the virus.
As a result of the CJRS being extended, the Job Retention Bonus will no longer be paid in February 2021.