AP v TP (Pension Enforcement)

AP v TP (Pension Enforcement)

The court set aside the Pension Sharing Order as the Respondent's deliberate and persistent non-engagement constituted a significant change in circumstances, making it inequitable to maintain the order and depriving the Applicant of access to his pension and ability to retire.

Parties
Applicant: AP; Respondent: TP
Jurisdiction
England and Wales
Judgment Date
30 June 2025
Procedural Posture
Family / Post Judgment Enforcement
Outcome
Pension Sharing Order set aside, costs awarded to Applicant.
Legal Topics
Pension Sharing Order, Enforcement of Consent Orders, Thwaite Jurisdiction, Costs
Family Law Pension Sharing Order Enforcement of Consent Orders Thwaite Jurisdiction Costs

Case Brief

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Parties

AP

Applicant

TP

Respondent

Procedural Posture

Family / Post Judgment Enforcement

Legal Issues

  1. 1 Whether the Pension Sharing Order should be set aside due to non-engagement by the Respondent
  2. 2 Whether the Thwaite jurisdiction applies to set aside an executory order
  3. 3 Appropriateness of costs orders against the Respondent

Ratio Decidendi

The court set aside the Pension Sharing Order as the Respondent's deliberate and persistent non-engagement constituted a significant change in circumstances, making it inequitable to maintain the order and depriving the Applicant of access to his pension and ability to retire.

Court Disposition

Pension Sharing Order set aside, costs awarded to Applicant.

Orders

  • The Pension Sharing Order is set aside unless the Respondent complies within 28 days by providing the required information to the pension provider.
  • Respondent is ordered to pay £20,000 inclusive of VAT towards Applicant's costs within 21 days, failing which the sum will be deducted from Respondent's share of the proceeds of sale.