Background
Pension sharing was introduced
from 1 December 2000 by new legislation and this was implemented
by Statutory Instrument (SI) in the form of various regulations.
The following summary shows the SI regulations that govern
pension sharing and the relevant legislative framework.
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The Divorce etc.
(Pensions) Regulations 2000 |
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The Divorce etc.
(Pensions) (Scotland) Regulations 2000 |
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The Divorce etc.
(Notification and Treatment of Pensions) (Scotland)
Regulations 2000 |
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The Pensions on
Divorce etc. (Provision of Information) Regulations
2000 |
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The Pensions on
Divorce etc. (Charging) Regulations 2000 |
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The Pensions on
Divorce etc. (Pension Sharing) (Scotland)
Regulations 2000 |
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The Pensions Sharing
(Valuation) Regulations 2000 |
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The Pensions Sharing
(Implementation and Discharge of Liability)
Regulations 2000 |
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The Pensions Sharing
(Pension Credit Benefit) Regulations 2000 |
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The Pensions Sharing (Safeguarded Rights)
Regulations 2000 |
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The Pensions Sharing (Consequential and
Miscellaneous Amendments) Regulations 2000 |
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The Pensions Sharing (Contracted-out) (Consequential
Amendments) Regulations 2000 |
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The Family Proceedings
(Amendment) Rules 2000 |
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The Retirement Benefit Schemes (Sharing
of Pensions on Divorce or Annulment) Regulations
2000 |
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The Sharing of
State Scheme Rights (Provision of Information
and Valuation) Regulations 2000 |
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The Sharing of
State Scheme Rights (Provision of Information
and Valuation) (No. 2) Regulations 2000 |
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During ancillary
relief proceedings the adjusted CETV can
be used by the former spouse and their solicitor
as part of the negotiation process. As the step-by-step
guide shows, the solicitor
can make an open offer to the
other party and include the adjusted value.
The percentage agreed may not be a 50/50 share of
the pension arrangement but it will include the
value added by the audit, thereby resulting in a
significant gain for the former spouse and help
the solicitor achieve the best possible result for
the client.
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