How to deal with UK pension assets if divorcing abroad: A guide for international athletes

It is increasingly common for families involved in international sports to live and work abroad. One issue that this gives rise to is: what happens to pension assets accrued abroad on divorce? Pensions can make up a significant proportion of family assets and should be dealt with as part of any financial settlement. However, unlike most assets, pensions cannot ordinarily be transferred to another person other than in exceptional circumstances, which includes divorce or the dissolution of a civil partnership.

Where a couple with UK pensions divorce in England the court can make various orders to deal with pension assets. However, it is not so straightforward when the divorce takes place overseas. This article explains for international athletes how to deal with UK pension assets if divorcing abroad:

• The requirement for an English court order
• The conditions for making a “Part III” claim
• How to apply for a Part III claim if the conditions are met
• Alternatives to consider if Part III conditions are not met