Below is a new pension order sharing template designed to assist practitioners in drafting pension sharing orders following financial remedy proceedings:
a. There shall be provision by way of a pension sharing order as follows:
i. in favour of the respondent in respect of XX % of the applicant’s rights under The XXXX Plan.
ii. the costs of implementation to be shared XX in accordance with the pension sharing annex attached to this order.
b. There be the following consequential directions:
i. it being agreed between the parties that in the event that the respondent non-member spouse predeceases the applicant member spouse after this order has taken effect but before its implementation the applicant member spouse shall have the consent of the personal representatives of the respondent non-member spouse to apply to vary or to set aside the terms of this order under FPR 2010, r 9.9A or to appeal out of time against the order under the Matrimonial Causes Act 1973, s 40A or s 40B (as shall in the circumstances be appropriate).
ii. Neither party shall apply for the final divorce order until 28 days after the making of the pension sharing order, but the respondent will make such application promptly thereafter.
iii. Both parties shall do all that is necessary to implement the pension sharing order promptly, including, but not limited to, the signing and returning of any documents related to the implementation promptly from a written request by any person properly concerned with the implementation process and paying promptly from a proper written request for the share of the fee ordered by the court and required by the pension arrangement to effect implementation.
iv. The applicant shall not intentionally claim, draw down, transfer or otherwise deal with any pension benefits subject to a pension sharing order in this order until the pension share so ordered has been implemented, save in the event of prior written agreement as between the parties.
