Pension sharing on divorce is not always straightforward and couples can often spend considerable sums arguing about percentages or offsetting as part of financial settlement. The recent judgement delivered by Mr Justice Mostyn relating to foreign pensions confirms that pension sharing orders within the UK are not available for foreign pension schemes. Whilst it is still possible to obtain a share of a foreign pension on divorce, this is largely dependent on the foreign pension provider authorising the suggested 'split' of the pension.
In Goyal v Goyal  EWHC 2758 (Fam) Mr Justice Mostyn has determined that pension sharing pursuant to s.24B Matrimonial Causes Act 1973 is not available in relation to a foreign pension. Whilst it might be possible for the parties to reach agreement, backed by undertakings, to obtain an order in a foreign jurisdiction to split a pension in that foreign country, in order to approve such technique, the court must be satisfied that the foreign pension provider will give effect to the deal. In this case the wife did not file any evidence to confirm that a pension sharing order would be reciprocally enforced in India. As such, the wife's claim for a pension sharing order failed in limine.