Richard Kershaw explores financial fairness in divorce settlements in IFA Magazine
Richard’s comments were published in IFA Magazine, 20 February 2026, and can be seen here.
Richard Kershaw, Partner in our Family & Relationships department, outlines how financial settlements on divorce, particularly in high and ultra high net worth cases, require highly specialised professional input.
He explains that the division of finances is still governed by the Matrimonial Causes Act 1973, now more than 50 years old, and shaped by decades of case law. Because no two cases are the same, advisers such as Pensions on Divorce Experts (PODEs), forensic accountants, tax specialists, and IFAs often play a crucial role in helping the court or negotiating parties arrive at a fair outcome.
He highlights that pensions are frequently among the most valuable assets in a marriage, second only to the family home. Since December 2000, courts have had the power to order pension sharing between spouses, though this does not apply to cohabiting couples who separate. PODEs are commonly instructed as Single Joint Experts to determine what percentage of a pension should be shared to achieve equality of income in retirement, with the court assessing statutory factors such as the length of the marriage, earning capacity, contributions, and future needs when determining fairness.
Richard further explains that matrimonial pensions, those built up during the marriage, will generally be shared equally, while pensions with mixed matrimonial and non matrimonial elements may be divided in different proportions. The court retains discretion and evaluates the full financial picture to ensure a fair division of assets. He emphasises that each case requires bespoke consideration, and navigating these complexities within the framework of a 50 year old Act underscores the importance of expert, tailored advice in modern financial remedy work.
Read the full article on the IFA Magazine, [external link].