The Pension Sharing Order – A Cautionary Tale

The recent case of AP v TP (Pension Enforcement) [2025] demonstrates the need to ensure that even after the court have approved a financial consent order concerning pensions after divorce and have made a pension sharing order, it is important that the necessary steps are put in place with the pension provider for that order to be implemented. The subject of Pension Sharing Order enforcement after divorce UK is especially relevant here. Without proper action, the order cannot be put into effect. Furthermore, the court has the power to return the whole pension to the original pension owner. This applies despite the original agreement or order. So beware! Pension Sharing Order enforcement after divorce UK serves as a significant cautionary tale in this situation.

In this case, the husband and wife entered into a legal binding agreement known as a ‘Consent Order’. In this order they agreed that the family home would be sold and that the wife should have a pension sharing order over the husband’s pension. Clearly, Pension Sharing Order enforcement after divorce UK depends on every party carrying out their responsibilities as outlined in the court order.

What is a Pension Sharing Order?

A Pension Sharing Order (PSO) is a court order telling a pension provider how to divide someone’s pension between spouses. Ensuring Pension Sharing Order enforcement after divorce UK means these instructions are actually followed through.

In the case however, after the court signed the order, the wife did not take the necessary steps to activate the pension split. Despite repeated reminders from the husband’s lawyers, and even prior court deadlines, the wife remained uncooperative.

The Judges ruling

In this case the judge ruled that, the wife’s refusal to put the PSO into effect was not just a delay — it was an obstruction.  Further, the judge concluded that because of wife’s conduct and the husband’s worsening health and age, it was unfair to continue enforcing the pension split as originally ordered.  In this case, the court therefore set aside the Pension Sharing Order meaning it was cancelled. The judge made an order that the wife should pay some of the husband’s legal costs. These costs were necessary in bringing the case back to court.

This is a strong reminder that you cannot ignore a court order, especially about money or pensions. Furthermore, delaying or refusing to act can lead to the order being cancelled. As a result, you may lose benefits to which you are entitled.

Pensions aren’t like houses or bank accounts that can be used today; they protect your income in retirement.  If you do not trigger your pension order, it will disrupt your retirement planning. In this case, the husband who was around 70 years old and had health issues, couldn’t retire as planned. This was because the pension share was stuck.

This highlights that delays in implementing orders can have very real impacts on people’s quality of life.

How Can Blanchards Law help?

At Blanchards Family Law we work with pension experts to assist our clients in understanding their rights and options concerning pensions, along with their other  assets as part of a financial settlement on divorce.  Pension sharing is technical, and mistakes and delays are costly.  We advise you to follow court orders promptly and think about your pension rights as they can protect and fund you in your retirement. Ultimately, the complexities surrounding Pension Sharing Order enforcement after divorce UK require specialist guidance to prevent errors.

If you would like to speak with a member of the team about this topic, please contact us here