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Part IIE+W Financial Relief for Parties to Marriage and Children of Family

Ancillary relief in connection with divorce proceedings, etc.E+W

[F124EPension compensation sharing orders in connection with divorce proceedingsE+W

(1)[F2On making a divorce or nullity of marriage order or at any time after making such an order (whether before or after the order is made final),] the court may, on an application made under this section, make a pension compensation sharing order in relation to the marriage.

(2)A pension compensation sharing order under this section is not to take effect unless the [F3divorce or nullity of marriage order on or after which it is made has been made final.]

(3) A pension compensation sharing order under this section may not be made in relation to rights to PPF compensation that—

(a)are the subject of pension attachment,

(b)derive from rights under a pension scheme that were the subject of pension sharing between the parties to the marriage,

(c)are the subject of pension compensation attachment, or

(d)are or have been the subject of pension compensation sharing between the parties to the marriage.

(4) For the purposes of subsection (3)(a), rights to PPF compensation “are the subject of pension attachment” if any of the following three conditions is met.

(5)The first condition is that—

(a)the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(4), and

(b)that order, as modified under section 25E(3), remains in force.

(6)The second condition is that—

(a)the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25B(7), and

(b)that order—

(i)has been complied with, or

(ii)has not been complied with and, as modified under section 25E(5), remains in force.

(7)The third condition is that—

(a)the rights derive from rights under a pension scheme in relation to which an order was made under section 23 imposing a requirement by virtue of section 25C, and

(b)that order remains in force.

(8)For the purposes of subsection (3)(b), rights under a pension scheme “were the subject of pension sharing between the parties to the marriage” if the rights were at any time the subject of a pension sharing order in relation to the marriage or a previous marriage between the same parties.

(9) For the purposes of subsection (3)(c), rights to PPF compensation “are the subject of pension compensation attachment” if there is in force a requirement imposed by virtue of section 25F relating to them.

(10) For the purposes of subsection (3)(d), rights to PPF compensation “are or have been the subject of pension compensation sharing between the parties to the marriage” if they are or have ever been the subject of a pension compensation sharing order in relation to the marriage or a previous marriage between the same parties.

[F4(11)See also section 52A (interpretation of certain references to divorce orders, nullity of marriage orders and judicial separation orders).]]

Textual Amendments

F1Ss. 24E-24G inserted (s. 24F in force at 6.3.2011, ss. 24E, 24G in force at 6.4.2011) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 6 para. 3; S.I. 2011/664, art. 2(2)(3), Sch. Pts. 1, 2