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Pensions and Divorce

Pensions and Divorce Solicitors

In a divorce, a pension is an asset. Just like savings, property and possessions, pensions can be shared as part of the divorce settlement. It’s important to understand how a pension is dealt with during divorce, particularly in a financial settlement, and how a pension can be split following a separation.

Our team of divorce solicitors are highly regarded in their field of work and have extensive experience in family law, particularly divorce proceedings, financial settlements, child custody arrangements and separation agreements.

The family law team are Resolution and Law Society accredited specialists dealing with all types of family law cases for married and unmarried couples. You’ll be kept in the loop throughout the process and our family lawyers won’t use technical jargon to complicate things further.

Our divorce solicitors offer free family law advice with a free legal consultation for new clients. This 30-minute consultation can be made by telephone or video call, or face-to-face at one of our offices.

The team also offer fixed fee options, such as extremely competitive prices on fixed fee divorce from £275 + VAT, making us one of the most price affordable law firms offering family law without compromising on quality.

Contact our team today

What Happens to a Pension When You Divorce?

During a divorce, a pension is treated as an asset and can be divided as part of the financial settlement. This may not happen if the value of both pensions owned by each spouse are similar.

However, a pension owned by one spouse may be valued significantly higher than the other. It is important to contact a divorce solicitor to discuss how this can be shared fairly as part of the financial settlement.

You may also need pension advice if one spouse has accumulated a large pension fund whilst the other spouse stayed at home raising a family.

In some cases, such as if the marriage was short, it may be possible to ‘ringfence’ a pension that was built up before the relationship.

How is a Pension Split in a Divorce?

A pension provider can give an accurate valuation of any pension, known as the Cash Equivalent Transfer Value (‘CETV’). This value will be added to the matrimonial ‘pot’ for distribution in a financial settlement.

There are several options how this can be done, including:

Pension Sharing

This is the most common way of dividing pensions and is where a percentage of a pension owned by a spouse is transferred to the other spouse.

Pension sharing can be beneficial as it allows for a ‘clean break’, and any future relationships or change in circumstances will not be affect the pension.

Pension Offsetting

One spouse keeps their pension fund intact by giving the other spouse a larger share of other assets. In this case, pensions are not divided.

Pension Attachment Order

A pension attachment order allows the court to order the pension provider to pay all or part of the pension scheme member’s benefit to their former spouse when the pension becomes payable.

How to Protect Your Pension in Divorce

It is a legal requirement to disclose all of your assets during a divorce. There could the potential for serious consequences if you fail to do so.

There are various steps you can take to protect your pension during divorce. Below are three common options:

Pre-nuptial and post-nuptial agreements.
Pension offsetting.
Clean break order.

Your solicitor will be able to advise you on the process for securing any of the above and offer further advice on the best course of action for your circumstances.

Our Promise To You

Divorce and separation does not have to be complicated or costly. If you are thinking about separating, or even getting divorced, we offer advice through a range of affordable fixed fees or competitive hourly rate services to give you the advice and support you need at a price you can afford.

The Howells Solicitors promise to you:

No surprises: We will provide a written estimate of costs at the outset of any case and keep you regularly informed of your costs position throughout.

No legal jargon. We will take time to understand your needs and provide clear explanations, so you completely understand what’s going on every step of the way.

Minimise stress. The breakdown of a relationship is invariably one of the most difficult situations anyone can encounter. We will help you reach the best possible outcome for you and your family with the least possible distress. We understand the importance of seeking to find amicable solutions to the issues that need to be resolved during the divorce or separation process. However, we will always have your best interests at the forefront or our actions, and we will strive to get you the best outcome possible.

Fair pricing. We always do our best to minimise cost where possible. Our fixed fees and transparent costings mean you know how much your legal work will cost. Our hourly rates are some of the most competitive across England and Wales.

Free Legal Consultation

Our divorce solicitors offer a free legal consultation to new clients. You can book an appointment by telephone, video call or in person.

Our Divorce Solicitors

Our Divorce Solicitors represent clients in:

Sheffield
Barnsley
Rotherham
Doncaster
Derbyshire, including Chesterfield
Other South Yorkshire areas
Nottinghamshire.
London and surrounding areas
Nationwide (throughout England)

The divorce solicitors offer a free 30-minute consultation on your first visit, which can be made face-to-face, on the phone or virtually.

Flexible Family Law Appointments

We understand that dealing with family law matters can be stressful, and finding time to attend in-person appointments isn’t always easy. That’s why we offer our full range of family law services remotely, offering a more efficient and convenient service.

We are able to offer advice nationwide on that basis, which can often work out to be cheaper and more convenient, frequently providing representation to family law clients around the whole country.

We can offer our family law legal support via telephone or secure online meetings. This approach allows you to access expert legal advice from the comfort of your home, without the need to travel or rearrange your schedule. I

If your case requires a court hearing, many such procedural matters are now handled remotely too, or if in person we can arrange representation by a suitable local barrister, ensuring your legal journey is as smooth and accessible as possible.

Our remote services are designed to be just as personal and confidential as in-person consultations, with clear communication and full transparency every step of the way.

Remote appointments are offered throughout the case, and most correspondence is handled by email. Whether you’re dealing with sensitive family matters or simply seeking guidance, we ensure a smooth, stress-free experience that puts your needs first.

If you do wish to meet us face to face, you can book an appointment at one of our offices in Sheffield, Barnsley or Rotherham. While remote services offer convenience, they may not be suitable for those with limited digital literacy or access or where safeguarding is critical.

Contact us or call us on 0114 2235 807 to speak to a family law expert or book an appointment today.

Divorce and Pension Frequently Asked Questions

Is a separated spouse entitled to the pension?

You’ll normally need to decide how your pensions are split between you and your ex-partner. It can be difficult to work out a fair way to split a pension, especially as there are different types of pension scheme that affect their value. In some cases, it may be necessary to instruct an expert to obtain an accurate valuation of a pension.

How long after divorce can you claim pension?

If a court did not approve your financial settlement when you got divorced, your ex-partner could make a claim later. If a court did approve your financial settlement, it’s much harder for your ex-partner to change the terms and claim your pension now. Instructing a solicitor to deal with your finances will help ensure your financial settlement is fair, approved by the court, and your assets are secured in the future.

What are common law partners pension rights?

If you separate and you were not married/in a civil partnership, you are not entitled to make a claim on your ex-partner’s pension in the family court.

Free Legal Consultation Family Law

Our divorce team offer a free legal consultation to new clients. You can book an appointment by telephone, video call or in person You can book a consultation to have by telephone, video call or in person, at a time that suits your needs.

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How can we help? Contact us today

Contact us on 0114 2235 807 and one of our advisors will be in touch to discuss your situation. We will take some initial information and if we can help, we will book you in for a consultation with a legal professional.

Our divorce solicitors can support with:

Request a Call back

The Howells Solicitors law team are compassionate, down-to-earth and professional, offering you the best expert advice. Get in touch with solicitors in Sheffield, Rotherham, and Barnsley to see how we can help. Fill in the form or give us a call at:

0114 249 66 66 Sheffield
01709 364 000 Rotherham
01226 805 190 Barnsley

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Solicitors for Divorce & Pensions

The Howells family law solicitors are one of the largest family law teams in the region, probably the UK. they specialise in a wide range of family law services, including divorce, financial settlements, child custody arrangements, collaborative law, care proceedings, adoption, guardianship, child abduction and domestic abuse, to name a few areas.

The family team have an exceptional reputation for dealing with a vast range of cases, from high-net-worth finances to complex cases involving children. The team also have extensive experience of representing clients at court, including parents, grandparents, guardians, and children.

The team covers the entirety of South Yorkshire and the UK, with offices in Sheffield, Barnsley, and Rotherham. However they also regularly take instruction from clients from across the UK, including regular instruction from clients in London and the surrounding areas.

The team rank number 2 in Sheffield, and number 1 in Rotherham and Barnsley on Review Solicitors with an average ranking of 4.9 out of 5 stars in reviews received and 99% of former clients confirm they would recommend the firm, which is a testament to the quality of advice they provide and their exceptional client care. The team are often praised for their professionalism, compassion, empathy, and kindness.

The team are supervised by our family law solicitor and director John Clegg. John is a family law specialist and covers all aspects of family law including divorce, civil partnership and cohabitation breakdown, financial matters arising on separation and divorce, pre and post-nuptial agreements and protection from domestic abuse. John is also accredited as one of the top solicitors in the UK by the prestigious Chambers and Partners.

The matrimonial team are supervised by senior divorce solicitor and director Sharon Lockwood, who is a highly regarded in Rotherham and the rest of South Yorkshire. Sharon is a specialist in complex cases involving children and high value assets. Sharon is also very active in the local community of South Yorkshire and receives a high amount of praise from her clients and colleagues and has established herself as one of the most distinguish divorce specialists in the region.

Client Feedback

The divorce team rank number 2 in Sheffield, and number 1 in Rotherham and Barnsley on Review Solicitors with an average ranking of 4.9 out of 5 stars in reviews received and 99% of former clients confirm they would recommend the firm, which is a testament to the quality of advice they provide and their exceptional client care. The team are often praised for their professionalism, compassion, empathy, and kindness.

“Thank you so much for all you have done. I cannot speak highly enough of you & everyone I have met at Howells. I have already recommended Howells & yourself to the specialist teams I am now in contact with & will continue to do so.”

“Many thanks again for your invaluable help, advice and your calm, approachable manner. It is very much appreciated!”

“Howells provided a great service and worked quickly and efficiently to get the job completed to try to keep my costs down too. I would recommend Sharon and the team.”

“Excellent service with prompt response time.”

“I used Sharon Lockwood in my extremely messy and prolonged divorce case, and I cannot thank her enough. She was kind and caring at times when I was very distressed and at the same time both efficient and professional.”

“Sharon was exceptional from our first telephone call and throughout this process. Professional, supportive, knowledgeable, and very clear.”

“Sharon has been a rock she explains everything every step of the way she has gotten me through a very tough year, and I will be for ever grateful to her.”

“I chose to sort my divorce and financial settlement with Sharon Lockwood at Howells solicitors after seeing other reviews. I was not disappointed in any way, shape, or form. She is very professional and quick off the ball. I would highly recommend Sharon and her colleagues at Howells for a fast and very efficient service and would use again if needed.”

Legal 500 Ranking

2018 – Tier 3 – “The Howells family team works across Sheffield, Rotherham and Barnsley, with Alyson Siddall focusing on high-value financial work, and co-leading the team alongside Sharon Lockwood, whose expertise lies in matters involving tax elements and inherited assets, and John Clegg, who brings extensive experience regarding complex cases involving children. The team undertakes a wide range of family work, with notable expertise in working on complex domestic abuse and care cases.”

2021 – Tier 2 – “Howells fields a substantial family team, which also features eight Children Panel members and five Resolution accredited panel members. Practice head Alyson Siddall is a key name for high-value financial work, advising clients in high-net-worth cases involving significant assets and pensions. John Clegg is particularly well known and respected for children and finance work. He is one of a handful of solicitors in the city who still does finance legal aid work.”

2022 – Tier 1 Ranking – “The team are particularly well known for high-net-worth cases. In addition, the practice has a strong regional reputation.”

2023 – Tier 2 Ranking – “The team undertakes a wide range of family work, with notable expertise in working on complex domestic abuse and care cases.”

2024- Tier 2 Ranking

Professional Feedback

“A go to for complex children matters. Is thorough and deals with cases with a level of detail and knowledge that are truly impressive. Has the detail of every aspect of the case at her fingertips. She is also sensitive and compassionate in her approach to clients, but quite capable of delivering difficult and realistic advice.”

“Sharon Lockwood is dedicated to seeking very practical solutions to financial cases. Tenacious but also very realistic at the same time”

“Alyson Siddall is a pleasure to deal with and is very knowledgeable and competent. She also has a very calm manner, which I am sure is appreciated by clients and other professionals alike.”