Case Study: Why Use A Financial Planner?

In Family Law, it is not uncommon to work alongside other experts, whose particular knowledge can add a great deal of value to a client’s case.

In one example, Tisshaws acted for the wife in financial matters arising from a divorce from her husband. The parties attended mediation in which they decided on how their finances would be divided between them upon divorce. This included the sharing of the husband’s pension assets, which were valued in excess of £1mn.

The parties agreed that a portion of the husband’s pensions that had been accrued prior to their marriage would be ring-fenced from sharing, but the remaining portion would be shared so as to achieve equality of capital based on the Cash Equivalent Values or CEVs of their respective pension assets. A CEV refers to the capitalised value of the benefits of a pension scheme if it is a Defined Benefits or Final Salary pension, or in the case of Defined Contribution or Money Purchase pension schemes, the CEV may be the value of the funds held in the scheme.

Tisshaws advised the wife that it was important for her to seek further advice from a Financial Planner, with expertise in pensions, as to whether the proposed Pension Sharing Order would be sufficient to meet her income needs in retirement. There ensued a collaborative period of working with the wife and the Financial Planner, during which the Financial Planner used cashflow modelling to forecast the level of income the wife could expect to receive pursuant to the proposed Pension Sharing Order. The input of the Financial Planner was beneficial in helping us to reframe the terms of the financial settlement to secure a more favourable outcome for the wife in respect of pensions.

At Tisshaws, we always strive to act in the best interests of our clients and where an expert’s input will help provide clarity on an issue in dispute or help bolster a client’s case in negotiations or court proceedings, we shall seek to involve them at an early stage. We have long-standing connections with locally and nationally renowned experts, with whom we have worked collaboratively with to resolve issues relating to tax, business accounts, pensions and mortgage financing. Our clients shall always have the final decision on which expert they wish to consult with and shall be involved during the consultation and working process.

Should you wish to discuss a matrimonial matter with one of our Lawyers, we offer an initial consultation at a fixed fee of £50.00 inclusive of VAT. For more information, please contact 01444 472700 or email [email protected].