AP v TP (Pension Enforcement) [2025] EWFC 190 (B) (13 June 2025)

AP v TP (Pension Enforcement) [2025] EWFC 190 (B) (13 June 2025)

The court set aside the Pension Sharing Order due to the Respondent's deliberate and persistent non-engagement, which amounted to a significant change in circumstances since the consent order, making it inequitable not to do so under the Thwaite jurisdiction.

Citation
[2025] EWFC 190 (B)
Parties
Applicant: AP; Respondent: TP
Jurisdiction
England and Wales
Judgment Date
13 June 2025
Procedural Posture
Family Law Financial Remedy / Post Consent Order Enforcement and Variation Hearing
Outcome
Pension Sharing Order set aside, costs order made against Respondent, Respondent given 28 days to comply before loss of pension benefit.
Legal Topics
Pension Sharing Order, Enforcement of Financial Orders, Thwaite Jurisdiction, Variation and Setting Aside Orders, Costs
Family Law Pension Sharing Order Enforcement of Financial Orders Thwaite Jurisdiction Variation and Setting Aside Orders Costs

Case Brief

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Parties

AP

Applicant

TP

Respondent

Procedural Posture

Family Law Financial Remedy / Post Consent Order Enforcement and Variation Hearing

Legal Issues

  1. 1 Whether the Pension Sharing Order should be set aside due to Respondent's non-engagement
  2. 2 Jurisdiction to vary or set aside executory financial orders
  3. 3 Appropriateness of costs orders

Ratio Decidendi

The court set aside the Pension Sharing Order due to the Respondent's deliberate and persistent non-engagement, which amounted to a significant change in circumstances since the consent order, making it inequitable not to do so under the Thwaite jurisdiction.

Court Disposition

Pension Sharing Order set aside, costs order made against Respondent, Respondent given 28 days to comply before loss of pension benefit.

Orders

  • Respondent given 28 days to provide required information to implement Pension Sharing Order or lose benefit permanently.
  • Costs order: Respondent to pay £20,000 inclusive of VAT to Applicant within 21 days, failing which deduction from Respondent's share of property sale proceeds.