NSW U.K Pension as Part of Property Settlement - Is It Possible?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

jayhawker

Member
26 August 2015
1
0
1
Hi,

I am attempting to reach some level of mutual financial and property settlement with my wife prior to divorce. Having previously worked in the national health service in the U.K before we moved to Australia, and having built up a pension entitlement, I am eligible for a CETV ( cash equivalent transfer ). I wish to use this as part of our agreement and be able to draw up a contract whereby she becomes a recipient of this in order that I trade it off and keep our property.

She informs me her lawyer advises such a contract for transfer to her cannot be done (the financial split between property value and pension value is roughly equal and could be made so with minor adjustments). I can't see any reason why such a contract could not be made and enacted - am I missing something ?
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
Is it because you're trying to contract that a third party will transfer the pension entitlement - but can you guarantee that they will? In this case, it would be wise to get your own personalised legal advice.