Pension sharing and foreign assets

Holly acted for a husband in matrimonial finance proceedings following a long marriage, during which the parties had lived in Australasia. The wife was seeking ongoing maintenance for the parties’ joint lives by way of a significant pension share. The husband sought to minimise any pension share on the basis that the wife was considerably younger, had good pension provision and the fact that the majority of his pension had been acquired pre-marriage.

The case involved Holly in dealing with:

  • a lengthy and complex pension actuary report;
  • assets in a foreign jurisdiction and the consequent enforcement issues;
  • consideration of pension assets from another jurisdiction.

Following a two-day contested hearing Holly successfully secured the split of the assets sought by the husband, and persuaded the court to make only nominal provision for the wife from the husband’s pension.