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.

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Jane Law, Legal Secretary in our Family & Matrimonial team celebrated 20 years at BTTJ on Friday 11th July!

When Jane started with us in 2005, she was recruited as legal secretary; assisting with matrimonial & personal injury matters along with firm wide support to the team. In recent years, Jane has been working exclusively as a legal secretary in our family & matrimonial team supporting solicitor Samantha Chater.

Congratulations Jane on your 20th anniversary & thank you for all of your hard work & dedication over the years, from all of your colleagues at BTTJ!

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The number of marriages decreased by 20.8% between 1992 and 2022, with a significant drop of 61% in 2020 due to the COVID-19 pandemic. 

The proportion of adults married or in a civil partnership has also fallen below 50% for the first time in England and Wales, according to Office for National Statistics data. 

Not every couple decides to get married. You may still own property or assets together though while you are living together and if you were to separate, you may not agree how these assets are to be divided. In addition, you may have property or assets which you may want to keep separate and protect for the future.

We are increasingly advising our clients to enter into cohabitation agreements, as they show a clear intention of how the finances will be dealt with during the relationship and after. We hope the latter will not be necessary, but unfortunately it is best to cater for every eventuality. They are like pre-nuptial agreements, but for cohabitants.

If you wish to speak with someone regarding Cohabitation Agreements or advice on other family or matrimonial matters, please contact our compassionate and caring team for advice.

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Our expertise runs across the full breadth of family law and covers:

• Divorce and Separation
• Financial Settlements
• Cohabitation
• Pre-Nuptial Agreements
• Children
• Emergency Injunctions

Meet the team

Kate Booth

Our team is headed up by Solicitor Kate Booth. Kate joined BTTJ as Head of Department in October 2021. Kate qualified as a solicitor in 2006 and has specialised in family law throughout her career, at firms in Warwickshire and the West Midlands.

Kate deals with private family law cases including divorce and related financial matters, children, injunction and cohabitation issues. She also advises clients in connection with pre-nuptial and cohabitation agreements. Kate ensures that she is fully informed of developments in the law and has a thorough approach to the preparation of documents to ensure her clients’ interests are protected.

Kate works across our Coventry & Warwick offices.

Natasha Aspinall

Natasha qualified as a Solicitor in 2003. She joined us in our Family & Matrimonial department in November 2022, based out of our Balsall Common office.

Natasha joined us from a local Solicitors firm where she worked as Head of the Family Law department for 5 years.

She deals with a whole range of family matters whether they are straight forward or very complex.

Natasha is also a member of the Law Society‘s Family Law Panel. The Law Society developed the specialised Children Panel Accreditation Scheme for solicitors who specialise in this area. Membership depends on meeting the Law Society’s rigorous standards. 

Samantha Chater

Specialising in Matrimonial Law, Samantha qualified as a solicitor in 1996.  She has a wealth of experience in acting for clients in divorce, Children Act matters, the division of marital finances, injunctions where clients have been the victim of domestic violence and cohabitee disputes. Samantha also deals with pre-Nuptial agreements and special guardianship applications. Her years of experience have been recognised by her acquiring two solicitor accreditations.

Samantha has represented parents and children in complex Children Act Disputes.  Samantha has had one of her cases reported on when it went to the Court of Appeal on a significant issue as to whether an alleged perpetrator of abuse could cross-examine the alleged victim or whether the state should fund an advocate to do so.

Samantha is well known and well established in her field particularly for her professionalism, commitment, hard work and for being approachable.  Consequently, she enjoys a number of recommendations from previous clients and other professionals. Samantha works across our Coventry and Southam offices.

Nancy Tebbutt

Nancy joined BTTJ in November 2022 as Paralegal and was promoted to the position of Trainee Solicitor in September 2024. Nancy has continued her training within our Family & Matrimonial team.

Nancy started her LLB at Royal Holloway, University of London in September 2019 and graduated with first class honours in July 2022.

She started working towards her LPC LLM in September 2023, passing with distinction from BPP university.

Nancy is a member of the Warwickshire Law Society Warwickshire Junior Lawyers Division.

Our Solicitors also have dedicated support in their legal secretarial support team comprising of Dawn, Michelle and Jane.

As members of Resolution, our Family Team work in accordance with their Code of Practice to deal with matters in a constructive manner. Our solicitors work with you to provide support and explore all options including not only the court process, but other methods of dispute resolution to best suit your individual needs.

As a long-established family law department, we have close links with and immediate access to specialist barristers, financial advisors and accountants, all of whom we know to be professional, sympathetic and highly competent.  Our focus is always to ensure that your interests are protected.

We pride ourselves on being able to listen and understand precisely what you want, without making any assumptions of what we think you may need.

We have offices in Coventry, Warwick, Southam and Balsall Common and our solicitors work across the whole of the Coventry and Warwickshire region and beyond. Please contact us to see how we can assist.

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Partners on a lower salary – usually women – are subject to a steep drop in income, after a marriage breakdown – especially in the first 12 months – with one in five admitting to not even being able to meet essential costs.

But couples are not taking advantage of the professional help available to ensure a fair settlement for both parties in the event of a divorce.

The courts are there to ensure a fair outcome for both parties which includes helping the person on the lower income to  transition into a life of financial independence. Many people don’t realise, but a 50-50 split is in most cases only a starting point for a separation. It doesn’t have to end at 50-50 if that would leave one party really struggling.

In the event of a family home being sold as a result of a divorce the courts, where possible, will seek to help the person on the lower income back on to the property ladder, even if it means granting a larger share of the proceeds of the sale of the house to that person.

In addition, an ex-spouse is also entitled to a share of their former partner’s pension at the point of settlement, rather than waiting until their partner reaches the pensionable age. The money is then able to re-invested into another pension scheme for that person.

We generally receive clients through the door when they can’t reach what they deem a fair settlement with their former partner. But what is more difficult to measure is how many people don’t use the help of a court and are settling for far less than they are entitled to.”

Statistics* show that at the point of divorce men have an average £60,000 in their pension pot as opposed to £23,000 for women.

In the first 12 months after a divorce a woman’s income will fall by an average 41 per cent while a man’s will fall by 21 per cent.

Twenty-four per cent of women face financial struggles after divorce, compared to 18 per cent of men, and 21 per cent of women struggle to even pay for essentials, compared with 13 per cent of men.

Thirty per cent of women are more likely to waive their right to their partner’s pension, as opposed to 17 per cent of men.

*Statistics from Opinium Research on behalf of Legal & General.

Divorce is a life-changing situation and we want that experience to be as stress-free as possible. Our solicitors can assist with all aspects of divorce, from the initial issuing of the divorce petition, all the way through to obtaining the final order. For further information please contact our Family and Matrimonial department.

Article written by Solicitor and Head of Family and Matrimonial, Kate Booth.

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If negotiation and mediation fail, an application to the Court may be required. The Court will automatically appoint Cafcass to commence their involvement and investigate matters. 

Cafcass is an acronym for Children and Family Court Advisory and Support Service.  They are effectively the eyes and ears of the Court and are an independent organisation who will, as part of their work, investigate any safeguarding welfare concerns, potentially speak to the children and report back to the Court as to their findings and what their recommendations will be about the children’s care. 

The initial safeguarding report will be timetabled by the Court requiring Cafcass to give an initial view as to whether matters can resolve via mediation or by negotiation or if a further in-depth report , known as a section 7 report, is required. The section 7 report can commonly take at least 12 to 15 weeks to be prepared and is intended to be a detailed assessment of the children’s situation.

Cafcass will consider within their report what they think is in the best interest of the children. when making their recommendations they will take into account the provisions of The Welfare Checklist which is set out in the Children Act 1989. This includes considering the case in light of the child or children’s age, sex, developmental needs, health needs, level of understanding, any risk factors and their wishes and feelings.

Such a report will aid the Court in making decisions as to children’s long-term care and the time they spend with each of their parents. Cafcass therefore is extremely influential to the Court in their recommendations.  

Our team of experienced solicitors can advise and assist parents concerning their applications in relation to the care of their children. We can assist with advising parents in respect of their application and representing them throughout and within the Court proceedings.

For help and advice on the above or any other family or matrimonial matter please contact our team who will be happy to assist.  We have offices in Coventry, Warwick, Balsall Common and Southam and cover the whole of the Coventry and Warwickshire area & beyond.

Article written by Samantha Chater, Family and Matrimonial Solicitor.

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Without legal registration of the marriage in their chosen destination, couples need to hold a legally recognised civil ceremony in the UK to avoid the risk of legal complications and financial ruin in the event of the death of a spouse.

The risk of a legally invalid wedding and associated legal complications extends to British couples seeking unique or wacky weddings in exotic and far flung locations.

Unless the ceremonies are thoroughly researched and conducted in an official manner it can leave couples unwittingly living together as cohabitees, with far fewer legal rights.

Marriages outside of the UK can be different to marriages here. If the ceremony does not create a legal marriage in that country, this can leave the couple without the same rights as a married couple on their return to the UK.

Couples are recommended to thoroughly research their plans and ensure they are watertight – that the ceremony is legally registered in their chosen destination, or that they have a civil ceremony in a register office in this country too. This will save a lot of stress and potential financial ruin in the event of death or a divorce.

For further advice on this, or any other related matter, please contact our friendly Matrimonial team.

Article written by Solicitor & head of Family & Matrimonial team, Kate Booth

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For some this may not be a huge issue as any pensions you may have may be insignificant or may have been frozen years previous however, for others who have continued in their employment and particularly if they have public sector pensions such as with the NHS, Teachers Pension Scheme, the MOD (Military) or indeed the Police then those pensions can be extremely valuable. 

An important case dealing with this issue was decided in 2020 which has now paved the way as to how we approach this issue.  The case confirmed that setting aside the amount of a person’s Pension which accrued pre marriage or post marriage, is inconsistent with the way in which non matrimonial property is treated in divorce. Most divorce cases will be needs cases which means that the focus will be on the needs of both husband and wife rather than on arguments as to who contributed what. It is important therefore to appreciate that in needs  cases the timing and source of the pension savings is not necessarily relevant. What this means in simple terms is that in reality the whole of your pension could be taken into consideration and open to division between you and your ex-spouse regardless of when it was accumulated. Therefore, if you and your ex-spouse have been separated for 15 years but have not yet divorced then the amount of your pension which has built up over that 15 year period could also be open to division between you and your ex-spouse upon divorce.

In many cases that we deal with Pensions may be the largest asset or at least the second largest asset and for those who hold that Pension fund they can be extremely reluctant for any of that pension fund to be shared with their ex-spouse. It is therefore vital that individuals obtain legal advice as soon after the parties have separated as possible in order that they are aware of all of the implications.

For further advice on matrimonial assets, or any other family and matrimonial reated matters, please get in contact with our friendly, experience Family and Matrimonial team.

Article written by Natasha Aspinall.

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Even couples who have been in a relationship for decades and share children and a home are potentially left with no rights unless they have a cohabitation agreement in place.

Kate Booth, Head of our Family and Matrimonial team notes that there are still a surprising number of people who were unaware of their vulnerable positions until it was too late.

People are approaching us for help at a time when they are already at one of the lowest points of their lives, but if they weren’t married and didn’t jointly own a property. when they were together, we can’t always offer them good news.

We advise unmarried couples living under the same roof to seek legal advice in the early days to draw up a cohabitation agreement potentially saving both parties further anger and pain if they break up.

A cohabitation agreement can be really helpful, and not just in case a couple separates.  It can outline how they own a property, and how they will contribute to the home.

The government recently rejected calls to reform Family Law in England and Wales to give better protection to the increasing number of cohabitees affected by break-ups.

Even those with children have no extra rights, meaning all they may be able to claim from a former partner is child maintenance.

Common law spouses as they are generally understood by the public are misconceptions. Living with a partner – no matter how long the relationship might last does not generate the rights that many people believe.

The common assumption – especially in cases where you have lived together a long time – even 20 or 30 years – and have children together – is that you have acquired rights against your former partner’s property, pension and income, but this is not the case.

It has caught a lot of people out over the years, and we have been approached by people who have found themselves in a difficult situation as a result.

You are very limited in what you can do as a former cohabitee without that legal agreement and with over 3.6 million people cohabiting in the UK it is important that awareness of this is raised.

It’s not very romantic and nobody likes to think about these things, but what we always advise clients who come to us for advice is to deal with it at the outset. Get a formal cohabitation agreement in place to give both parties peace of mind.

For more information on cohabitation agreements or any other Family & Matrimonial Law matter, please contact our friendly, compassionate team to see how we can assist.

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Our current divorce law has been in place since the 1970s and, unless parties have been separated for at least two – and in some circumstances five – years, requires one partner to make allegations about the other’s conduct.  Regardless of how amicable a separation may be, alleging blame often has the effect of creating unnecessary conflict.

From April 2022, either one or both partners will be able to confirm that their marriage has broken down irretrievably without the need for further evidence of any wrongdoing.  Previously it has not been possible for spouses to jointly request a divorce, even where the decision to separate is mutual.

A “cooling off period” will be introduced to enable reflection and allow couples time to reach agreement about other matters, such as the arrangements for their children or how their finances will be dealt with.

Kate Booth, Head of Family Law says: “The change to the law in this area is welcomed. We hope it will enable separating partners to focus on moving forward in a constructive way, without the need to allocate unnecessary blame.  It is however important to be aware that divorce proceedings – even under the new system – can have significant financial consequences and it is crucial that these are explored at an early stage to ensure that all necessary steps are taken to protect your position in the event of a separation.”

Our Family Solicitors are members of Resolution and are committed to assisting clients to deal with matters on an amicable basis wherever possible. For further advice and support, or to discuss the options available to you, please contact our friendly Family Law Team

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