KM v CV (No. 2) (Pensions and Benefits) [2022] EWFC 174 (01 March 2022)

KM v CV (No. 2) (Pensions and Benefits) [2022] EWFC 174 (01 March 2022)

A lump sum of £10,000 payable by the Wife to the Husband on her retirement is a fair and proportionate adjustment to meet the Husband's needs in retirement, balancing both parties' resources and needs, and is preferable to a pension sharing or attachment order in this case.

Source-derived case information.

Citation
[2022] EWFC 174
Parties
Appellant/husband: K. M.; Respondent/wife: C. V.
Jurisdiction
England and Wales
Judgment Date
01 March 2022
Procedural Posture
Family Law Financial Remedy Appeal / Judgment on Appeal After Remittal for Reconsideration of Pensions and Benefits
Outcome
Appeal dismissed; lump sum order made in favour of Husband.
Legal Topics
Pensions on Divorce, Financial Remedies, Section 25 Matrimonial Causes Act 1973, Needs and Resources, Pension Attachment Order, Lump Sum Order
Family Law Pensions on Divorce Financial Remedies Section 25 Matrimonial Causes Act 1973 Needs and Resources Pension Attachment Order Lump Sum Order

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Parties

K. M.

Appellant/husband

C. V.

Respondent/wife

Procedural Posture

Family Law Financial Remedy Appeal / Judgment on Appeal After Remittal for Reconsideration of Pensions and Benefits

Legal Issues

  1. 1 How to fairly apportion pension and benefits between divorcing spouses with limited resources
  2. 2 Whether a pension sharing or attachment order or lump sum is appropriate given the parties' circumstances
  3. 3 Assessment of needs and resources under section 25 Matrimonial Causes Act 1973

Ratio Decidendi

A lump sum of £10,000 payable by the Wife to the Husband on her retirement is a fair and proportionate adjustment to meet the Husband's needs in retirement, balancing both parties' resources and needs, and is preferable to a pension sharing or attachment order in this case.

Court Disposition

Appeal dismissed; lump sum order made in favour of Husband.

Orders

  • Wife to pay Husband a lump sum of £10,000 by 21 February 2025, with 5% simple interest accruing annually if unpaid, and in any event by 21 February 2030.
  • Wife to give Husband at least 28 days' notice before taking either police pension and to take sufficient capital to pay the lump sum if not already paid.