Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Divorce definition

What does Divorce mean? Divorce is the court process that ends a marriage and allows remarriage. In practice it involves a divorce application and, often in parallel, financial remedies (ancillary relief) and child arrangements, which are separate. In England and Wales (Divorce, Dissolution and Separation Act 2020; Matrimonial Causes Act 1973), a no‑fault regime applies: a sole or joint application is made on the single ground of irretrievable breakdown, evidenced by a statement. The court issues a conditional order and, after the statutory minimum period, a final order (replacing decree nisi/absolute). In Scotland (Divorce (Scotland) Act 1976), irretrievable breakdown is proved by adultery, unreasonable behaviour, or...

Implementing pension sharing and attachment orders on divorce/dissolution: practical guidance for trustees of occupational pension schemes in England and Wales

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note applies solely to occupational pension schemes and is intended for trustees; accordingly, it does not cover compensation sharing orders for schemes within the Pension Protection Fund. From 5 December 2005, following the Civil Partnership Act 2004, pension attachment and pension sharing orders were broadened to include the dissolution of civil partnerships for same-sex couples. Cohabiting partners are outside the scope of both orders, as cohabitation does not confer a right to obtain either. Throughout this Practice Note, any reference to an ex-spouse should therefore be read as including an ex-civil partner...

Court orders which trustees may have to implement

A married member’s pension entitlement may constitute the sole, or principal, asset built up during the marriage. When the marriage breaks down, the court may, as a result, redistribute between the parties the benefits arising from pension resources in situations where offsetting—by which the value of the pension resources is set against the value of other assets held between the parties—is not possible or not desirable...

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David Lockett , M.A. (Oxon)

2001 to date: providing expert witness work and evidence in family and employment matters.Co author of three editions of: “Unlocking Matrimonial Assets on Divorce” and “Pensions and Divorce: A Practitioner’s Handbook”Speaker and co-author of training on pensions on divorce at The Judicial College.I have provided over 250 seminars on the subject. ...

Web page updated on 27/05/2026

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