Kate Booth, solicitor and head of our Family & Matrimonial team, comments after new research revealed that divorced women typically have £53,160 less in pension savings than divorced men.

Women depart divorces with an average of £32,640 in pension savings, amounting to just 39% of the £85,800 retained by divorced men, according to the research from Mercer, now:pensions and the Pensions Policy Institute.

The findings also show a significant pension wealth gap among married couples, with men holding £111,540 and women’s average pension funds at just £43,656 – a difference of 61%.

Kate explains that the research, to be released in full in the 2026 Gender Pensions Gap report, should remind couples to make sure pension assets are properly considered in divorce settlements.

“When divorcing, most couples will have thought about what will happen with the family home, and how to divide joint accounts, but many do not consider their pensions following separation.

Pensions can make up a significant proportion of a family’s assets and can sometimes be more valuable than a property. However, because they won’t start to pay out until retirement, they are often overlooked.  

One spouse might find that they have received lower income over the course of the marriage, working part-time or taking on more of the childcare responsibilities.

Because of this, they might not have had as much opportunity as their partner to build up their own pension fund, leaving them in a significantly weaker position when they retire.   

It is important to be aware that all pensions – regardless of whose name they are in, or when they were built up – can be shared between separated spouses under a Pension Sharing Order made by the court on divorce.

It is important to make sure that both parties’ financial needs can be met in the future – this includes their need for income during retirement. 

A pension sharing order will transfer part of one spouse’s pension into a separate fund for the other, giving them their own source of income and enabling there to be a financial clean break.”

Contact us if you require assiatance with this matter.

Our experienced family lawyers can provide you with the divorce advice and representation you need to secure the right outcome for yourself and your family. We have a strong understanding of pension division in divorce, and we will discuss your circumstances in detail so that you have a clear picture of your options.

The post Equal pensions in divorce appeared first on Brindley Twist Tafft & James.

Most divorces progress on an undefended basis where the parties accept the marriage has broken down irretrievably.

When can you issue a petition?

You cannot issue a divorce petition unless you have been married for more than one year. If you were married abroad and the marriage ceremony you have undertaken is a recognised and legitimate marriage in that country, then it is regarded as such in this country and you can utilise the divorce process here.

If you wish to be legally separated rather than divorced, you can issue a judicial separation petition within 1 year of marriage.

Do you need the original marriage certificate when filing a divorce petition?

Yes, you will need the original or a certified copy. A copy can be requested from your local registry office for a fee, of usually £10. The certificate will be retained by the court.

If required the court will also need the translation of a marriage certificate plus the original.

What grounds need to be satisfied?

The only ground for divorce is that the marriage has irretrievably broken down. This is proved by establishing the existence of one of five factual circumstances. These are:-

1. Your spouse has committed adultery and you find it intolerable to continue to live with him/her.
2. Your spouse has behaved in such a way that it would be unreasonable to expect you to continue live with him/her.
3. Your spouse has deserted you for a continuous period of two years or more.
4. You have been living apart from your spouse for two years or more and your spouse agrees to the divorce.
5. You have been living apart from your spouse for five years or more, whether or not your spouse agrees to the divorce.

It is no longer compulsory in a petition based on adultery to name the third person concerned.

What about children?

The law encourages couples to reach an agreement over future arrangements for their children without the need for a court to become involved. Orders will not, therefore, automatically be made relating to the children as part of the divorce process.

When are financial issues dealt with?

Negotiations in relation to financial arrangements for the future can take place at any time before, during or after the divorce. At times and in certain circumstances, it is advisable not to apply for decree absolute and finalise the divorce proceedings until after a division of the marital finances has been agreed and ordered by the Court (such as when there are pensions and maintenance considerations particularly).

When will I be able to remarry?

Neither party to the marriage is free to remarry until the final decree of divorce has been made (known as the ‘decree absolute’).

How much will this cost?

Solicitor’s costs are currently in the region of £500-£600 plus VAT and plus disbursements for undefended divorce proceedings. The main disbursement is the Court fee which at present is £550 and that has to be paid to the Court when the petition is issued. We are very happy to discuss your individual situation with you and provide you with an exact price based on your specific circumstances, so please do get in touch with us.

What happens during the proceedings?

Bearing in mind on an undefended divorce there is no requirement to attend Court unless divorce costs are in dispute (in which case you may need to attend at decree nisi stage), in the main the majority of divorces proceed on an undefended basis by the parties simply completing the relevant documentation in the following process:

How long will it take?

Dependant upon how busy the Court is and how prompt each party is in completing their part of their documentation, it can take between 7 to 9 months from start to finish. Again, application for decree absolute should sometimes be delayed in any case pending resolution of the division of marital finances.

If you have any questions about divorce or need any help, please do not hesitate to contact our expert divorce solicitor Samantha Chater on 02476 531532 or email samantha.chater@bttj.com.

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