Vardags solicitor Kathryn Mason graces the pages of this February's Family Law journal, in a review of the court's approach to pension assets acquired prior to a marriage. Here, she argues that the courts are set to see an increase in disputes over pension funds within the context of financial remedy proceedings, owing to the implementation of automatic enrolment and a higher mean marrying age.
Kathryn gestures towards the complications that can arise due to the status of a pension as a “hybrid asset –neither pure income nor pure capital” before setting out the powers of the family court in regards to pension orders. She then outlined circumstances in which pre-marital pension funds may be considered to have been converted into matrimonial assets and the impact of this on a settlement. Finally, Kathryn explores the case law surrounding premarital pension contributions in both sharing and needs-based cases, before explaining where the burden of proof lies when it comes to arguing that a pension is non-matrimonial.
'Balancing fairness', by Kathryn Mason, is available exclusively to subscribers of Family Law. You can subscribe to the journal here.
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