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Key definition
Retirement age definition

What does Retirement age mean? Retirement age describes the age at which employment ends under an employer’s policy or contract, and is often (but not always) different from the State Pension age. In practice it refers to a compulsory retirement age set by the employer; it is not generally fixed by law. England & Wales and Scotland: There is no statutory default retirement age (DRA). Any compulsory retirement must be a proportionate means of achieving a legitimate aim under the Equality Act 2010 (age discrimination). Justification is assessed case by case (for example, Seldon v Clarkson Wright & Jakes), and policies must be consistently applied. Northern Ireland:...

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State Pension in Divorce, Dissolution, Nullity and Separation: Old and New Schemes, Disclosure (BR19/BR20), Contracting‑out, Substitution, and Pension Sharing/Attachment (P1/P2)

Published by a LexisNexis Family expert
Practice notes
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This Practice Note outlines the varieties of state pension, the eligibility rules, the ramifications in divorce, Dissolution, nullity or separation cases, how to obtain information and make disclosure, and the orders a family court may impose. It takes account of state pension reforms and explains their impact within family law.

This Practice Note provides guidance on:

  • the old state pension scheme for those who reached state pension age before 6 April 2016, and
  • the new state pension scheme for those reaching state pension age on or after 6 April 2016

State pension entitlements are often missed on divorce, dissolution, nullity or (judicial) separation, either because they are seen as of limited worth or because their structure and the options available to address the parties’ financial needs are not fully understood.

Comprehensive details of state pension rights should be gathered during financial disclosure by using Form BR19 (to request a state pension forecast) and Form BR20 (to obtain a Cash equivalent (CE) valuation of any shareable rights) so the position is clear. Each party should complete BR19 and BR20 to provide a complete picture of their state pensions...

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Rebecca Dziobon
Rebecca Dziobon

Rebecca is an experienced family lawyer having trained and worked on complex financial and children matters at both City and regional firms for ten years. In 2011 she was nominated for, and appointed as, a member of the Resolution Pensions, Tax and Property Committee. She has authored the LexisPSL Family sections on pensions, insurance and trusts since 2013. In 2015 Rebecca moved into a knowledge lawyer role and is now senior knowledge lawyer at Penningtons Manches LLP. She is responsible for equipping the family team with the best tools to provide excellent client service. She also works collaboratively across the wider firm to devise and deliver business improvement initiatives ...

Web page updated on 22/05/2026

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