
Many teachers have faced significant delays in progressing their divorces because of the delay in Teachers’ Pensions providing Cash Equivalent Transfer Values (CETV) for their pensions.
There is a statutory obligation for pension providers to deliver a CETV within three months of a request. However, Teachers’ Pensions’ have taken over 12 months to provide some CETVs.
Obtaining a CETV is generally one of the first steps in resolving the financial matters arising from a divorce. Both parties will gather all their financial information in a document known as a Form E, which should include a recent CETV for each pension they hold.
If there are significant pensions, the parties may also obtain a report from a Pension on Divorce Expert to help determine how their pensions should be treated in their financial agreement.
Ideally, the parties should have a full picture of both of their assets and liabilities so that they can come to a financial agreement that is fair and reasonable. It can, therefore, be very difficult to progress with a financial agreement without a CETV, especially as pensions are often one of the parties’ largest assets.
This has been the problem faced by many teachers affected by the backlog at Teachers’ Pensions. A group of those affected, represented by the NASUWT union and the law firm Leigh Day, have now brought a claim against Teachers’ Pensions. This case may lead to important developments for anyone with a Teachers’ Pension who is trying to reach a financial settlement on divorce.
For more information on financial remedies on divorce, please contact Rebecca Curran, Paralegal in the Family Law Department at SE-Solicitors, on 01295 204055, or by email at rcurran@se-solicitors.co.uk