Q&A - Can I stop my husband from cashing in his pension?

Q.  I am intending to start divorce proceedings against my husband as we have not been intimate for 15 years and I really cannot live like this anymore. I recently retired and I am looking forward at long last to being able to relax and enjoy life, but I do not want to be spending the rest of my retirement without having sex. However, my husband is due to reach retirement age soon and he intends to cash in his pension which could affect my future if I divorce him. Is there anything I can do to stop him doing cashing in his pension?

A.  Within the divorce you will need to ask the Court to make a financial Order. Before making a financial Order, the Judge will want to see disclosure of all yours and your husband’s financial affairs before making a final decision. If you suspect that your husband is trying to hide or spend any of his assets, which may include savings, property or even pensions or investments, under the Matrimonial Causes Act 1973 you can ask the Court to make an Order which will effectively ‘freeze’ those assets and will prevent your husband from dealing with the asset in any way until the Court decides what it wants to do with the asset.

In light of the above you should make an urgent appointment with a Solicitor who specialises in divorce and financial matters relating to divorce and explain the situation. Provided you can convince the Court that your husband has a real intention to cash in his pension it should be relatively simple to obtain an Order preventing him from dealing with the pension until the Court has decided what to do with it.

(Article published 06/03/2017)  

Nathan Wright

Nathan Wright

Partner

A Partner specialising in Family and Matrimonial Law

Linda Hill

Linda Hill

Senior Solicitor

Linda Hill is based in our Oswestry office and was previously a partner with Stevens Lucas.