Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”

Irwin Mitchell

Access all documents on Attachment order

Attachment order meaning

What does Attachment order mean?
In family cases, an attachment order (also called a pension attachment or earmarking order) directs pension scheme trustees to pay part of a member’s benefits—periodical pension, tax‑free lump sum, and sometimes death benefits—directly to a former spouse or civil partner, usually to meet maintenance or a capital sum. It does not split the pension or create a separate fund; payment typically begins only when the member’s benefits become payable, and periodical payments may cease on the recipient’s remarriage or death. The concept is legislated in England & Wales and Northern Ireland (under the Matrimonial Causes legislation as amended by the Welfare Reform and Pensions statutes) and in Scotland as an “earmarking order” under the Family Law (Scotland) Act 1985. In Ireland (Republic), the comparable mechanism is a Pension Adjustment Order under the Family Law Acts; “attachment order” there more commonly refers to attachment of earnings for maintenance. Attachment orders are now less common than pension sharing orders but remain useful to target lump sums or death‑in‑service benefits. They bind trustees and should address contingencies (retirement timing, commutation, and death) to reduce the risk of frustration. They cannot be made against State Pension.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Attachment order

CHECKLISTS
Attachment of earnings orders for family maintenance: FPR Part 39 procedure, criteria, arrears over 12 months, employer/debtor duties, forms FE15/FE17 (England and Wales)

Procedural Guide This Procedural Guide explains the process for seeking an attachment of earnings order under the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010, SI 2010/2955, Pt 39, to enforce a maintenance order by directing deductions straight from a debtor’s earnings... Eligibility to apply Handling arrears exceeding 12 months Obligations of the employer and the debtor Where the judgment debtor is an employed individual, the judgment creditor may apply to enforce the judgment against the debtor’s wages or salary. If granted, the employer must make regular deductions from the debtor’s pay and remit those sums to the court. This is referred to as an attachment of earnings order (AEO). See also Practice Note: Attachment of earnings order... FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings that began, but were not concluded, before 6 April 2016 (when procedural amendments were introduced), in the same manner as it applies to proceedings commenced on or after that...

Read More Right Arrow
CHECKLISTS
Pension Sharing Orders: Implementation Checklist for Occupational Pension Scheme Trustees (England and Wales)

This Checklist sets out, in chronological order, the actions required to implement a pension sharing order from the standpoint of trustees of an occupational pension scheme. It does not cover pension attachment orders, which are uncommon; see Practice Note: Pension attachment orders. In particular, the Checklist outlines the process where the application for a pension sharing order is made on Form A, rather than via Form D50F for financial relief following an overseas divorce (a rarer route), though the sequence is broadly comparable in that case. For guidance on implementation challenges that trustees may encounter in this context, refer to Practice Note: Pensions on divorce—issues for pension trustees. Action step Comment Source Trustees are sent a copy of Form A (Notice of intention to proceed with a financial application to which the standard procedure applies) that includes an application for a pension sharing order. Strictly, this should occur when Form A is issued. In reality, the applicant spouse may, at that stage, lack the information needed to satisfy...

Read More Right Arrow
CHECKLISTS
Non-molestation orders under FLA 1996: applications, without notice, service, drafting, undertakings and enforcement incorporating 2026 President’s and FJC guidance (England and Wales)

STOP PRESS : Note that the President of the Family Division, Sir Andrew McFarlane, has introduced fresh guidance coming into force on 12 January 2026: President of the Family Division’s Guidance 2026 Non-Molestation Orders under the Family Law Act 1996 (FLA 1996). It supersedes the Practice Guidance on non-molestation injunctions under FLA 1996 dated 14 July 2023, and features two annexes, a revised template for a non-molestation order pursuant to FLA 1996, s 42, together with Form FL435 (Response to a non-molestation order). In parallel, the Family Justice Council has published Family Justice Council Best Practice Guidance for Practitioners on Making an application for a Protective Injunction under the Family Law Act 1996, incorporating a Model Witness Statement with guidance notes at Annex 1. This Procedural Guide is in the process of being updated to mirror these impending changes. See: LNB News 18/12/2025 3. The Procedural Guide explains the steps for making an application for a non-molestation order under Part IV of the Family Law Act 1996 (FLA 1996)....

Read More Right Arrow

View the related News about Attachment order

NEWS
Employment law update: parental leave reform proposals, redundancy alternatives, tribunal strike-out cautions, EAT time extensions, Court of Appeal guidance and July IRLR—key dates and resources

In this issue: Maternity, parents and carers Redundancy Employment Tribunals Employment Appeal Tribunal Civil courts and alternative dispute resolution Industrial Relations Law Reports (IRLR)—July 2025 Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Maternity, parents and carers WEC publishes report on UK parental leave system The Women and Equalities Committee (WEC) has released a report reviewing the UK’s parental leave framework. It highlights significant gaps, including low levels of statutory parental pay, a short period of paternity leave, and complicated eligibility rules for shared parental leave. The report concludes that the statutory rate—well below the National Living Wage—creates financial strain and deters participation, particularly among fathers and other parents. The WEC sets out a programme of reforms. While recognising potential direct fiscal costs, it contends that broader social and economic returns—such as strengthening mothers’ attachment to the labour market, supporting career progression,...

Read More Right Arrow
NEWS
Family law weekly: alienation guidance, DBS disclosure, adverse costs, trust-owned assets, child maintenance variations, Hague returns, forum conveniens, capacity to marry, PD27A bundles and HMCTS consent order upload changes

In this issue: Private children Public children Financial provision International children Court of Protection Daily and weekly news alerts New content Updated content Useful information Private children Parental alienation and unregulated experts (Re Y (Experts and Alienating Behaviour: The Modern Approach)) In Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38, the President of the Family Division, Sir Andrew McFarlane, determined a Part 18 application under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The mother sought to reopen and set aside 2019 findings that she had alienated the children from their father, causing them emotional harm. The earlier case stemmed from cross‑allegations of serious domestic abuse. Before any fact‑finding on those issues, the court received and accepted extensive material from an unregulated psychologist, Melanie Gill. Relying largely on attachment theory analysis, she concluded that the mother’s psychopathology had driven alienating behaviour, and advised an immediate transfer of the children’s...

Read More Right Arrow

View the related Practice Notes about Attachment order

PRACTICE NOTES
Allocation and Attachment of Losses in Insurance and Reinsurance under English law: policy periods, aggregation, indivisible damage, attachment points, recoveries, and key case law

Allocation In the context of insurance and reinsurance, ‘allocation’ is the process of identifying which policy covers a loss, or a share of a loss. In many claims this point never surfaces. If a driver wrecks their car, the motor insurance policy in force on the date of the accident will respond. Yet, in the smaller number of cases where it does arise, the consequences can be substantial for a (re)insurer's inwards liability and the availability of its outwards reinsurance. Consider a business that employs a worker for 40 years. During that period the worker is exposed to asbestos and, after retirement, develops mesothelioma and dies. The estate sues the former employer. The company had workers’ compensation/employers’ liability insurance throughout the employee’s service, but which policy, if any, should respond to the claim? Or take an insurer that covers a power station which later burns down. The insurer has prudently purchased facultative reinsurance covering the particular risk and treaty reinsurance spanning all of its power...

Read More Right Arrow
PRACTICE NOTES
Family Procedure Rules 2010 (England and Wales): Index to Parts, Practice Directions, amendments (Brexit/DDSA 2020), electronic procedure, pilot schemes and pre-DDSA 2020 versions

How to use this index This Practice Note offers an index with links to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—the main procedural rules that apply to family proceedings—together with all supporting Practice Directions. Use the 'Table of Contents' tab on the left-hand side of the screen; it will expand to reveal every Part of FPR 2010 and the associated Practice Directions for each individual Part. To open material within FPR 2010, select the margin note to the right of the text for the specific Part or Practice Direction you wish to consult. When you are inside a Part of FPR 2010, click the 'Table of Contents' tab on the left to then expand that Part, display all rules contained in it, and allow you to navigate to the relevant provision you are interested in or require. Within FPR 2010, the 'Table of Contents' tab also lists all other Parts of FPR 2010, and individual rules can be navigated to by clicking on each relevant...

Read More Right Arrow
PRACTICE NOTES
Interim and injunctive relief in UAE arbitration and courts: Federal Arbitration Law 2018, DIFC injunctions, DIAC/ADCCAC measures, and onshore enforcement

Interim remedies and arbitration in the UAE Interim remedies in the UAE are, as a rule, harder to secure than in jurisdictions such as England and Wales or the United States. Local UAE courts typically do not recognise injunctions or similar forms of interim relief, save for limited exceptions. In contrast, the Dubai International Financial Centre (DIFC) courts apply common law principles, so are more inclined to grant interim measures and have authority to make a wider range of orders. The tests the DIFC courts use when deciding whether to award an injunction will be familiar to lawyers from common law backgrounds. While this may reassure contracting parties choosing a DIFC courts jurisdiction clause, an interim order issued by the DIFC will be immediately effective only against assets, persons, or property located within the DIFC special economic zone. A claimant may then face difficulties enforcing that order against onshore assets through the UAE courts, particularly where the form of relief is not recognised by the UAE courts. On 3...

Read More Right Arrow

View the related Precedents about Attachment order

PRECEDENTS
Precedent letter instructing a Single Joint Expert for pensions valuation, equalisation and sharing/attachment advice in divorce/dissolution financial remedy proceedings (England and Wales)

1 Introduction We write to issue a joint instruction to you, an expert in financial remedy matters arising from [ divorce OR dissolution ] proceedings between [ client’s full name ], born on [ insert date of birth ], and [ spouse/civil partner’s full name ], born on [ insert date of birth ]. Your instruction is joint, from [ lead firm preparing letter ], acting for [ client’s full name ], and from [ name and address of spouse/civil partner’s solicitors ], [ telephone number and email of spouse/civil partner’s solicitors ], on behalf of [ spouse/civil partner’s full name ], on the clear understanding that your expert opinion will be independent of both parties. [ At the first appointment on [ date of first appointment ], District Judge [ name ], sitting in the Family Court at [ location ], made the following order: [ insert exact wording from order ]. ] The parties confirm that you are to be instructed jointly as the single joint expert...

Read More Right Arrow
PRECEDENTS
Precedent: Sponsor–Clinical Research Organisation (CRO) Master Services Agreement for Clinical Trials with Work Order Schedule (England and Wales)

This Agreement is entered into on [ date ] Parties [ Insert the company name ], a company incorporated in [ England and Wales ] under company number [ insert registered number ], whose registered office is at [ insert address ] (the Sponsor); and [ Insert the company name ], a company incorporated in [ England and Wales ] under company number [ insert registered number ], whose registered office is at [ insert address ] (the CRO) Each of the Sponsor and the CRO is a party and, collectively, the Sponsor and the CRO are the parties. Background The Sponsor is supporting a series of clinical trials to obtain marketing authorisation for the IMP and intends to retain the CRO to carry out certain services. The CRO possesses the requisite knowledge and experience in the design, oversight and conduct of clinical trials and agrees to provide such services to the Sponsor in accordance with the...

Read More Right Arrow

View the related Q&As about Attachment order

Q&As
High Court judgment interest on transfer to County Court for AEO: CCA 1984 s 40(6)(b) and 1991 Order art 4(3)

Interest on judgment debts Judgment debts accrue simple interest at 8% per annum until paid, unless the court decides otherwise. By default, interest runs from the date judgment is given, unless the court, a rule or a Practice Direction provides differently. The court may order interest to run from a date before judgment. For further guidance, see Practice Note: Interest on judgment debts, together with the following Practice Notes: County Court judgments and orders—additional matters Which enforcement of judgment method should I choose?—in particular, the section: Which enforcement of judgment method should I choose?—In which court should you enforce your judgment—practical considerations Transferring a judgment from the High Court to a Country Court CPR 70.3 makes provision for transfer of proceedings in question, and states that an application must be made to the High Court before an order permitting the transfer of the proceedings will be granted by the court...

Read More Right Arrow
Q&As
Overpaid pension‑paid periodical payments on remarriage (MCA 1973 s28(1)(a)): recovery and from whom?

Section 28 of the Matrimonial Causes Act 1973 (MCA 1973) Pursuant to section 28 of the Matrimonial Causes Act 1973 (MCA 1973), a periodical payments order terminates automatically if the recipient remarries. If, for any reason, this does not occur, an application can be brought to recover the sums paid. See Practice Note: Impact of remarriage, subsequent civil partnership, or cohabitation...

Read More Right Arrow
Q&As
Adjournment of AEO pending variation of spousal maintenance

Tattersall v Tattersall In Tattersall v Tattersall, the husband moved to amend a maintenance order, while the wife pursued steps to compel compliance with that order...

Read More Right Arrow