ย 
When British expats divorce abroad, pensions can quickly become one of the most complicated parts of the settlement. Many couples are surprised to discover that while their overseas court can deal with local assets, UK pensions remain firmly under the jurisdiction of English and Welsh courts.
Sarahโs story: a British expat in Switzerland
Take Sarah (not her real name), a British citizen who moved to Switzerland with her husband ten years ago. When their marriage ended, they began divorce proceedings in Switzerland. Their settlement seemed straightforward: divide the family savings, deal with the Swiss pension, and split Sarahโs husbandโs UK workplace pension.
But then came the roadblock: the Swiss court could not make an enforceable order over the UK pension. Even though both parties agreed on a fair division, the pension provider in Britain would not act without a Pension Sharing Order issued in England or Wales.
Why overseas courts cannot split UK pensions
This is the reality for many expats:
-
A Swiss court, or any foreign court, has no power over UK pension funds.
-
Without a UK order, pension providers in England and Wales will not transfer or divide the funds.
-
That means a foreign divorce settlement, no matter how detailed, cannot be implemented against UK pensions unless backed by a UK court.
What are the options?
For British expats like Sarah, there are usually three ways forward.
1. Apply under Part III of the Matrimonial and Family Proceedings Act 1984
This law allows the English court to make financial orders after an overseas divorce, including pension sharing orders. To qualify, at least one spouse must still have strong ties to England or Wales, such as:
-
Domicile (being born and raised in the UK and never acquiring domicile elsewhere).
-
Habitual residence (living in England or Wales for at least 12 months before applying).
If this connection exists, the couple can ask the English court to approve a consent order that mirrors their Swiss settlement and includes a UK pension sharing order.
2. Offsetting pensions against other assets
If neither spouse qualifies for jurisdiction in England or Wales, the UK pensions canโt be split. In this situation, couples sometimes agree to offset: one spouse keeps more of the Swiss or other assets, while the other retains the UK pension.
3. Leaving the pension untouched
Some couples choose to leave the UK pension as is. This isnโt ideal, because it creates uncertainty and leaves one spouse without a fair share of retirement savings.
What this means for British expats divorcing abroad
If you are a British expat divorcing overseas with a UK pension, the key takeaway is clear. Only a court in England and Wales can issue a Pension Sharing Order over a UK pension. Your ability to apply depends on whether you or your spouse still have legal ties to England or Wales. If not, youโll need to look at alternatives such as offsetting assets abroad.
FAQs: UK Pensions and Overseas Divorce
Can a Swiss court split a UK pension?
No. Swiss courts have no jurisdiction over UK pensions. Even if your Swiss divorce settlement says pensions should be divided, a UK pension provider will only act on a Pension Sharing Order issued by a court in England or Wales.
What happens to UK pensions if I divorce abroad?
If you divorce overseas, your foreign court can deal with local assets but not UK pensions. To share UK pensions, you usually need to apply in England or Wales under Part III of the Matrimonial and Family Proceedings Act 1984, provided you or your ex still have ties to the UK.
Can I get a Pension Sharing Order if Iโm not living in the UK?
Yes, but only if you or your ex are still legally โdomiciledโ in England or Wales, or have been habitually resident here for at least 12 months before applying. Without that connection, the English court will not have jurisdiction.
What if neither of us has ties to the UK anymore?
If neither spouse is domiciled or habitually resident in England or Wales, then you cannot apply for a UK Pension Sharing Order. In that case, many couples resolve the issue through โoffsettingโ โ balancing UK pensions against other assets abroad.
Can I offset a UK pension in a Swiss divorce?
Yes. For example, one spouse might keep more of the Swiss marital assets while the other retains the UK pension. This can provide fairness even when the pension itself cannot be divided by a Swiss court.
Do I need a solicitor for a UK Pension Sharing Order?
Yes. Pension Sharing Orders must be professionally drafted by a solicitor to be accepted by the court. At Easy Online Divorce, all consent orders โ including Pension Sharing Orders โ are prepared by qualified solicitors as part of our fixed-fee service, ensuring they meet the courtโs requirements while saving you time and money compared to traditional high street firms.
Conclusion
Sarahโs case in Switzerland is far from unique. Thousands of British expats find themselves in similar situations every year. If youโre planning a divorce abroad and have pensions in the UK, itโs vital to get advice early so your settlement is both fair and enforceable.
โ Next step: Book a free consultation with Easy Online Divorce. All of our consent orders โ including Pension Sharing Orders โ are professionally drafted by qualified solicitors and guaranteed to meet court requirements. Weโll guide you through the process, make it as simple as possible, and help protect your financial future.
