Over the course of the past three months there have been several important changes in the law relating to divorce both by statute and by case law. These changes alter the position concerning pensions, child maintenance and the division of assets generally. The impact of these changes is likely to be significant and represent the most radical developments in family law in 30 years.
Pensions
The Welfare Reform and Pension Act 1999 entitles parties who issue divorce proceedings after 1 December 2000 to seek a share of their spouses pension in the same way as any other asset.
In such cases, therefore the Court will now be able to order pension providers to credit a spouse (say a wife) with a percentage share of her husband's pension. Subject to the type of pension involved a wife could be obliged to take her share out of her husband's scheme or leave it in.
