Financial planning for divorce

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The festive season is now upon us.  While the extended holiday period is a great time to relax and catch up with friends and family, for some, it is a time when long festering problems can come to a head.

The average age of divorcees is increasing and the fastest growing group is those aged 60 +

This age group is more likely to have considerable assets and will need the help of a financial adviser to make sense of it all.  Whilst solicitors have legal expertise, independent financial advisers are finance experts. Where pensions are involved in a divorce case, the expertise of both is required to find the best solution for the client.

Solicitors often bring in a financial adviser to help with implementing a pension sharing order. Specific pensions qualifications are required to offer advice in this area and very few solicitors have those qualifications. For financial advisers this will normally be G60, AF3 or equivalent.

Opportunities can be lost if a financial adviser is not brought in until a relatively late stage. The solicitor may not find all the pension assets, may not get a fair valuation, or may choose the wrong pension plans to share.

Even if the eventual settlement does not involve a pensions sharing or attachment order, obtaining the fairest value of the pension assets is crucial.

The cleanest financial break following a divorce is to offset the value of the pension(s) against other matrimonial assets. This is usually the first option considered. However, a pension sharing order may allow both parties to retain some assets. It may also be the only way a non-earning spouse can build up any significant pension provision in their own right.

Divorce can also cause several future tax headaches, including the potential loss of tax credits, CGT and an IHT liability – dependent on your individual circumstances.

Consult your independent financial adviser to make sure you know the options available to you.

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