KM v CV (No 2) (Pensions and Benefits)

KM v CV (No 2) (Pensions and Benefits)

A lump sum of £10,000 payable by the wife on her retirement is appropriate to meet the husband's needs, balancing section 25 criteria, and is preferable to a pension sharing or attachment order.

Parties
Appellant/husband: K. M.; Respondent/wife: C. V.
Jurisdiction
England and Wales
Judgment Date
01 March 2022
Procedural Posture
Family Law Appeal / Judgment on Appeal
Outcome
Appeal dismissed; lump sum order made.
Legal Topics
Pensions, Financial Remedies, Section 25 Matrimonial Causes Act, Lump Sum Orders
Family Law Pensions Financial Remedies Section 25 Matrimonial Causes Act Lump Sum Orders

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Parties

K. M.

Appellant/husband

C. V.

Respondent/wife

Procedural Posture

Family Law Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a pension sharing or attachment order is appropriate
  2. 2 Assessment of parties' respective needs and income in retirement
  3. 3 Appropriate lump sum payment to husband

Ratio Decidendi

A lump sum of £10,000 payable by the wife on her retirement is appropriate to meet the husband's needs, balancing section 25 criteria, and is preferable to a pension sharing or attachment order.

Court Disposition

Appeal dismissed; lump sum order made.

Orders

  • Wife to pay husband £10,000 lump sum by 21st February 2025, with 5% simple interest per annum if unpaid, and in any event by 21st February 2030.
  • Wife to give husband at least 28 days’ notice before taking either police pension and to take sufficient capital sum to pay the lump sum.