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Pensions in divorce, the old order bites back

Pensions in divorce, the old order bites back. 2016 continues to create levels of uncertainty abhorrent to the cautious type of person who plans for their retirement when it comes to choosing a retirement date and the impact of divorce; new guidance emphasises that old divorce orders could bite you back and  must be drawn to the attention of your financial adviser when considering whether to take advantage of last years pension liberalisation. Family solicitor at Northwich solicitors Stonehewer Moss, Michael Brennan, has access to the latest advice from Resolution, the family lawyers organisation with which he is an accredited specialist in respect of complex divorce, about pension attachment orders in this context. Michael explains, ” Since late 1999 pension attachment orders, formerly ear marking, have been relatively rare because pension splitting has been available to share pensions at the time of the divorce; the attachment is contingent on the pension holder living to retirement and the recipient ex spouse not re-marrying so they wer not that attractive. However, they have been used for valuable pension funds that permitted early retirement such as the services and police/ fire officers. The effect of attachment and liberalisation if not considered carefully may provide a nasty shock, as the order usually provides the recipient has entitlement to a percentage of whatever you withdraw; if your pension is subject to an attachment order and you are permitted to take advantage of the 2015 liberalisation to withdraw money, take advice and ensure your adviser has a copy of the order. “

For a copy of the Resolution guidance or assistance with any financial issue in divorce in Cheshire, please telephone 01606 872200 or e mail visit

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Stonehewer Moss Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

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