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Pension values 30% greater than the CETV.
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Brooks
v Brooks (1995)
The couple married in 1977 and the
case was first considered by the District Court in October
1992. The couple ran a family business where a small
self administered scheme (SSAS) represented a significant
part of the matrimonial assets. Mrs. Brooks was employed
by the company and was eligible to receive significant
benefits within the flexibility of the SSAS.
The court held
that the SSAS was a post-nuptial settlement and therefore
formed part of the matrimonial property. The Judge awarded
non-member pension benefits to Mrs. Brooks of £76,000
from the SSAS. On appeal the High Court, then the Appeal
Court and finally the House of Lords all upheld the
decision.
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