TECHNICAL TALK
FOR RICHER , FOR POORER – A DEEP DIVE INTO PENSIONS AND DIVORCE
Keeley Paddon Head of Pensions Technical SimplyBiz
Given the number of queries we take every month from our Members on this issue , it ’ s clear just how often advisers are talking to clients about pensions and divorce . Whilst we haven ’ t yet seen the predicted ‘ lockdown divorce boom ’, it definitely isn ’ t an issue which is shrinking in terms of advice needed . In addition , a spike is likely to be seen later this year as the Divorce , Dissolution and Separation Act of 2020 was finally passed in April 2022 ( also referred to as the ‘ no blame ’
divorce ). The key change is that divorcing couples will no longer have to blame each other for the breakdown of their marriage . The main changes to the law include :
• retaining the irretrievable breakdown of a marriage as the sole ground for divorce
• replacing the requirement to provide evidence of a ‘ fact ’ around behaviour or separation with a requirement to provide a statement of irretrievable breakdown
• retaining the two-stage legal process currently referred to as decree nisi and decree absolute
• creating the option of a joint application for divorce , alongside retaining the option for one party to initiate the process
• removing the ability to contest a divorce ; and
• introducing a minimum time frame of six months , from petition stage to final divorce ( 20 weeks from petition stage to decree nisi ; six weeks from decree nisi to decree absolute ).
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