Commentary on Sections Schedule 5 – Financial relief in the High Court or a county court etc. Part 4 - Pension sharing orders on or after dissolution or nullity order
564.This Part provides for a pension sharing order to be made so that both civil partners share the benefit of the value of a pension that had previously been held by only one of the civil partners. The value of the pension is effectively split and the court specifies the amount (in percentage terms) transferred to the other civil partner. The court can apportion any charge made by the person responsible for a pension arrangement. A pension sharing order cannot be made in respect of a pension that is, or has already been, the subject of a pension sharing order between the same two civil partners, or where there is already in force an order under Part 6 in relation to the same pension. The order can only take effect after the dissolution or nullity order has been made final. The Lord Chancellor, in regulations, can set a minimum period before a pension sharing order can take effect.