Pensions Act 2008

Part 2 Amendments of the Matrimonial and Family Proceedings Act 1984

10 The Matrimonial and Family Proceedings Act 1984 (c. 42) is amended as follows.

11 In section 17 (orders for financial provision and property adjustment), at the end of subsection (1) add—

“(c) if the marriage has been dissolved or annulled, make an order which would, within the meaning of that Part of that Act, be a pension compensation sharing order in relation to the marriage.”

12 In section 18(7) (matters to which court to have regard), for paragraph (c) substitute—

“(c) “PPF compensation” means compensation payable under—

(i) Chapter 3 of Part 2 of the Pensions Act 2004 (pension protection) or any regulations or order made under it,

(ii) Chapter 1 of Part 3 of the Pensions Act 2008 (pension compensation sharing) or any regulations or order made under it, or

(iii) any provision corresponding to the provisions mentioned in sub-paragraph (i) or (ii) in force in Northern Ireland.”

13 (1) Section 21 (application of certain provisions of Part 2 of the Matrimonial Causes Act 1973) is amended as follows.

(2) After subsection (1)(bc) insert—

“(bca) section 24E(3) to (10) (provisions about pension compensation orders in relation to divorce and nullity);

(bcb) section 24F (duty to stay pension compensation sharing orders);

(bcc) section 24G (apportionment of pension compensation sharing charges);”.

(3) After subsection (1)(bf) insert—

“(bg) section 25F (power, by financial provision order, to attach pension compensation payments, or to require the exercise of a right of commutation of pension compensation);”.

(4) After subsection (1)(l) add—

“(m) section 40B (appeals relating to pension compensation sharing orders which have taken effect).”

(5) In subsection (2), for “and (be)” substitute “, (be) and (bg)”.

(6) In subsection (4), at the end add “or under subsections (1) to (3) of section 25G of that Act”.