This basically means that the value of the pension is offset against the value of other assets commonly the family home or investments.  This could be appropriate where the value of the pensions are modest, where it is the case of a short marriage and/or the parties are of a young age and/or where pension sharing is not a viable option, for example, because the case involves an overseas pension where sharing is not allowed.  In calculating the value of the pension benefits and how best they can be offset against the other capital assets particularly as we are dealing with liquid and liquid assets. The two are not necessarily the same.  Pension offsetting can also be a short term measure and, again, care should be taken when considering a party’s future financial provision and to include a future pension and retirement income. 

There are other options to include pension sharing and pension attachment.  In any case specialist legal advice and independent financial advice (and to include, where appropriate, actuarial input) should be taken.

James Maguire & Co is a specialist firm of Family Law and Divorce law solicitors based in Wilmslow, Cheshire.  We offer legal advice to parties going through a divorce including the financial issues which flow from this (including pensions), linked business issues, international aspects and any relevant issues concerning the children.

We advise clients in the Wilmslow area and also to the surrounding areas of Alderley Edge, Bramhall, Hale, Altrincham, Manchester and the North West. We are also able to act for clients nationally and internationally subject to the jurisdiction of England and Wales.  For advice please contact James Maguire by telephone +44 (0) 1625 529456 or by email james.maguire@family-law