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Solicitor Negligence in Divorce Cases - missed the Pension?

13th Oct 2015

We are seeing more & more professional negligence claims against a range of Advisers including solicitors who have failed to properly value a pension fund in divorce proceedings.

Tens of thousands of women could be in line for significant payouts because their solicitors miscalculated the value of an ex-husband’s pension when splitting assets in a divorce.

The benefits embedded in complicated final salary pensions have often been discounted by solicitors, or the entire pension overlooked when assets have been divided after divorce.

The Brown Turner Ross Professional Negligence Team have specialist solicitors dealing with these claims and have a growing case load. The clients are usually women whose previous solicitors either failed to value a pension fund correctly or, ignored its value altogether when dealing with the financial settlement.  

Some experts estimate that the number affected by this type of professional negligence could potentially involve up to half the 1.2million divorces in the UK since the law changed in 2000. Could you be someone who has such a claim?

Sam Bushell has dealt with many cases where solicitors failed to fully understand the complex Rules and Regulations of a pension in divorce settlements. Many people now (and the number is rising) have some form of a pension often linked to their employment. The value of the fund can be substantial and the detailed provisions of the scheme need to be carefully scrutinized in any divorce settlement.

For the facts behind one of her successful cases, the first in this country, see Divorce Lawyer Negligence Claim Case Study