Pensions on Divorce: Lessons from BS v HC [2026] EWFC 20 (B)
The recent Family Court decision in BS v HC [2026] EWFC 20 (B) provides valuable guidance on how pensions are treated on divorce, particularly where significant pension wealth was built up before the marriage.
BS v HC [2026] EWFC 20 – The Case in Brief
The case involved a pension worth over £3 million, most of which had been accumulated before the parties married. The court was asked to determine how much of that pension should be treated as a matrimonial asset and shared between the parties.
Despite expert evidence producing widely differing calculations, the court emphasised that pension division is ultimately a question of fairness rather than pure mathematics. HHJ Edward Hess concluded that 55% of the pension was matrimonial and 45% remained non-matrimonial.
The judgment also considered the Supreme Court’s decision in Standish v Standish [2025] UKSC 26 and the concept of “matrimonialisation”. The court confirmed that pensions are often different from other assets because they usually remain in one party’s sole name and are not automatically treated as part of the shared marital pot. As a result, the husband’s pre-marital pension wealth retained significant protection.
Standish v Standish [2025] UKSC 26 clarified the concept of “matrimonialisation”, confirming that non-matrimonial assets only become matrimonial if both spouses have clearly treated them as shared during the marriage. Simply transferring ownership, for tax planning or convenience, is not enough to make those assets subject to equal sharing on divorce.
What The Case of BS v HC [2026] EWFC 20 Tells Us
The decision reinforces several key principles:
- Pension sharing remains highly fact-specific and depends on achieving a fair outcome.
- Pre-marital pension wealth can remain protected, even where it has grown substantially during the marriage.
- Clear evidence is needed before non-matrimonial assets will be treated as matrimonial property.
- Specialist advice is essential where pensions form a significant part of the overall assets.
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Expert Legal Advice on Pensions from Thornton Jones
Pensions are frequently among the most valuable assets in divorce proceedings, yet they are also one of the most complex. Cases such as BS v HC demonstrate the importance of obtaining specialist legal advice at an early stage.
At Thornton Jones Solicitors, our experienced Family Law team regularly advises clients on:
- Pension sharing orders
- High-value and complex financial remedy cases
- Non-matrimonial and pre-acquired assets
- Asset protection following Standish and other leading cases
- Achieving fair and practical financial settlements
Our team combines technical expertise with practical, client-focused advice to ensure that all assets, particularly pensions, are properly assessed and protected. Whether you are concerned about safeguarding wealth built up before marriage or securing your financial future after divorce, Thornton Jones has the experience and specialist knowledge to guide you through the process.
If you are facing divorce and have concerns about pensions or financial settlement, contact our expert Family Law team today for tailored advice and support
About the author
Jane Auty is a Partner and Head of Family Law at Thornton Jones Solicitors with more than 25 years’ specialist experience. She advises on divorce, complex financial settlements, collaborative law, pre- and post-nuptial agreements, and is committed to achieving constructive, practical outcomes that protect her clients’ futures.
Financial Remedy Claims in Divorce FAQs?
No. A pension is not automatically divided equally when a couple divorces. The Family Court considers several factors, including the length of the marriage, when the pension was built up, each person’s financial needs and what would be a fair outcome. In some cases, only part of a pension will be shared, while in others a different approach, such as pension offsetting, may be more appropriate.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on pension sharing, pension offsetting and financial remedy claims, helping you understand your options and work towards a fair financial settlement. Contact us today for specialist advice tailored to your circumstances.
There is no fixed rule that all assets are divided 50/50 following a divorce. While equality is often a starting point, the court will consider a wide range of factors, including the welfare of any children, the length of the marriage, each spouse’s financial needs, contributions and the nature of the assets involved. The aim is always to achieve a fair outcome based on the individual circumstances of the case.
Thornton Jones Solicitors provides clear, practical advice on divorce financial settlements, helping clients protect their interests while working towards a fair and lasting resolution. Speak to our Family Law team to discuss your circumstances.
A financial remedy order is a legally binding court order that sets out how finances should be divided following a divorce. It can deal with property, pensions, savings, investments, maintenance and other assets. Even where couples reach an agreement themselves, it is usually advisable to have that agreement approved by the court through a financial remedy order to provide certainty and prevent future financial claims.
The Family Law team at Thornton Jones Solicitors can advise you throughout the financial remedy process, whether you negotiate an agreement or require court proceedings. Contact us today for expert advice on protecting your financial future.
Not necessarily. A pension is not automatically divided equally during a divorce. The Family Court will consider factors such as the length of the marriage, when the pension was built up, each spouse’s financial needs and what would be a fair outcome. In some cases, only part of a pension may be shared, while in others an alternative approach, such as pension offsetting, may be more appropriate.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on pension sharing, financial remedy proceedings and achieving a fair financial settlement. Contact us today for specialist advice tailored to your circumstances.
There is no automatic rule that your spouse will receive half of your pension following a divorce. Whether a pension is shared depends on the specific circumstances of your case, including when the pension was accrued, the length of the marriage, the value of other assets and the financial needs of both parties. Obtaining early legal advice can help you understand your options and protect your financial interests.
Thornton Jones Solicitors provides expert advice on pension sharing, pension offsetting and complex financial settlements. Our Family Law team can help you achieve the fairest possible outcome based on your individual circumstances.
A financial order (also known as a financial remedy order) is a legally binding court order that records how finances will be divided following a divorce. It can cover property, pensions, savings, investments, maintenance and other assets. Even if you and your former spouse reach an agreement yourselves, it is usually advisable to have it approved by the court to make it legally binding and prevent future financial claims.
The Family Law team at Thornton Jones Solicitors can advise you throughout the financial remedy process, whether you are negotiating an agreement or require court proceedings. Contact us today for clear, practical advice to protect your financial future.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Divorce and Separation Solicitors
The “Silent Divorce” and How Non-Court Dispute Resolution Can Break the Silence
As lawyers who specialise in family law, we often speak with people who share that they are “not really together anymore”, yet they are still married, still sharing a home and still presenting as a couple to the world. There has been no dramatic breakdown or major event. Instead, the relationship has slowly faded into something quiet and disconnected. This is commonly referred to as a “silent divorce”.
What is a Silent Divorce?
A silent divorce is when a married couple remain legally together, but the emotional relationship has effectively ended. Although they may continue living under the same roof, communication, affection and intimacy have often broken down, leaving partners feeling disconnected and more like roommates than spouses. Unlike a legal divorce, a silent divorce does not involve court proceedings or a formal separation, making it less obvious to family and friends.
Many couples remain in this situation because of children, financial commitments or the familiarity of staying together. Recognising the signs of a silent divorce is an important first step. It allows couples to decide whether to rebuild their relationship through support and counselling or to explore legal separation or divorce if the relationship has come to an end.
Why Do Couples Stay Together in Silence?
Prioritising stability for children, financial pressures and social and cultural factors can significantly impact decision-making.
Another important concern is the cost of living in the UK, which has significantly increased in the last few years, making couples worry about having to maintain their own separate homes, especially when there are children to take into consideration.
Clients frequently say, “nothing terrible has happened” or “other people have it worse”
Fear also plays a significant role; fear of financial uncertainty, starting again, upsetting children or triggering conflict. So, the silence continues.
What can make silent divorce so emotionally difficult is that it can be hard to justify change. There is often no clear reason to leave. Clients frequently say, “nothing terrible has happened” or “other people have it worse”.
Silent divorce occurs within many marriages but can be particularly common later in life. Children grow up and leave home. Careers change or end. Long-established routines no longer mask the absence of connection. For many, the marriage isn’t openly unhappy, it’s simply empty.
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The Emotional & Legal Impacts of Staying Together
Extended emotional limbo can take a significant toll, often leaving individuals feeling stuck and unclear about how to move forward with confidence and clarity. Persistent tension within the home can affect everyone involved, particularly children, who are often highly sensitive to ongoing uncertainty and conflict.
Where a couple remains legally married, their financial lives also remain closely intertwined. Assets and liabilities continue to be shared, which can become increasingly complex as circumstances evolve, whether through inheritance, new relationships or financial differences. In the absence of a legally binding financial agreement, this can create a sense of instability, while informal parenting arrangements may lack reliability and enforceability.
A Silent Divorce Does Not Offer the Legal Protection of a Formal Divorce
As a result, one party may feel financially exposed or vulnerable. Over time, delaying formal decisions can lead to more complicated and potentially contentious financial situations, which can increase legal costs and add to existing worries and anxieties. What may begin as a period of avoidance can ultimately make an already difficult situation feel more burdensome and harder to resolve.
Whilst a silent divorce may feel like a practical or emotionally easier option in the short term, it is important to recognise that it does not offer the legal protection that comes with a formal divorce.
About the author
With over 20 years’ experience at Thornton Jones Solicitors, Stacey Higgs is a dedicated and hugely experienced Family Law Paralegal supporting clients through divorce, mediation and children matters with compassionate, practical guidance every step of the way.
Creating Clarity Without Conflict – You Have Options
Separation agreements can be an effective way to set clear, realistic arrangements for finances (both current and future) and day-to-day life, providing structure and certainty whilst allowing couples to move forward without conflict.
How Non-Court Dispute Resolution (NCDR) Can Help
For this particular subject, and many others, Non-Court Dispute resolution (NCDR) can be highly effective. NCDR allows both parties to be heard, to explore what has changed and to consider what they want their lives to look like going forward. NCDR is not about forcing reconciliation or pushing couples towards divorce. It is about giving people a voice and enabling them to make decisions that align with their values and emotional wellbeing. Crucially, it provides a structured, supportive setting for conversations that many couples struggle to have on their own.
NCDR includes mediation, collaborative law, the one lawyer model and solicitor-led negotiation. It supports communication, understanding and informed decision-making without blame or confrontation.
Whether the future lies in rebuilding or parting ways, there are constructive, non-adversarial pathways that allow you to move forward with confidence and clarity.
What is Alternative Dispute Resolution in Family Law?
Alternative Dispute Resolution (ADR) provides a variety of methods which can be used to resolve family disputes outside of going to Court. ADR aims to save parties time and money, reduce animosity between parties, as well as creating a more personalised outcome for families who are going through a stressful time, such as going through a divorce, dividing finances and assets, or child related issues.
Speak to Our Family Law Team
At Thornton Jones, our experienced family lawyers frequently encourage clients to explore their legal position at an early stage, even if they do not yet feel ready to proceed with a formal separation. This can include:
- Gaining a clear understanding of financial assets, rights and obligations
- Planning ahead for potential changes in circumstances
- Considering interim legal options, such as a separation agreement
There is no one size fits all solution, each and every relationship breakdown is unique. Making informed decisions at the right time however can provide greater certainty and help avoid unnecessary complications in the future.
Need Advice About a Silent Divorce or Separation?
If your relationship has quietly drifted apart, you do not have to face the uncertainty alone. Whether you are considering separation, living under the same roof, or simply want to understand your legal position, obtaining early legal advice can help you make informed decisions with confidence.
At Thornton Jones Solicitors, our experienced Family Law team can advise you on every aspect of relationship breakdown, including:
- Explaining your legal rights, even if you are not yet ready to divorce
- Advising on the benefits of separation agreements and whether they are suitable for your circumstances
- Helping you understand your financial position, including property, pensions, savings and other assets
- Explaining how financial claims between spouses remain open until they are formally resolved
- Advising on the legal implications of remaining married, including inheritance, pensions and future financial claims
- Supporting you in making arrangements for children in a way that prioritises their wellbeing
- Guiding you through Non-Court Dispute Resolution (NCDR), including mediation, collaborative law, the one lawyer model and solicitor-led negotiation
- Helping you achieve practical, constructive agreements without unnecessary conflict wherever possible
- Advising on formal divorce proceedings where this is the right next step
- Representing your interests should court proceedings become necessary
Every relationship is different, and there is no single solution that suits everyone. Whether you are looking to preserve an amicable relationship, gain certainty about your future or simply understand your options, our family lawyers will provide clear, practical and compassionate advice tailored to your circumstances.
Taking advice early does not mean you have decided to separate. It simply gives you the knowledge and reassurance to move forward with clarity, protect your legal and financial interests, and make the decisions that are right for you and your family.
Get in touch with our friendly and knowledgeable team today to discuss your options. You can call us on 01924 290 029 or contact us using our online enquiry form.
What are the Legal Drawbacks of a “Silent Divorce”?
Yes. Even if you have lived separately for many years, financial claims between spouses usually remain open until they are formally resolved by the court through a financial order. This means either spouse could make a claim against the other’s assets in the future, creating uncertainty and potential financial risk.
If you are experiencing a silent divorce or long-term separation, the Family Law team at Thornton Jones Solicitors can explain your rights and help you achieve greater financial certainty through a formal financial settlement or separation agreement.
Remaining legally married can have significant legal and financial consequences. Your spouse may still have rights relating to inheritance, pensions, financial claims and certain death benefits, even if your relationship ended years ago. Starting a new relationship before resolving these issues can also make financial matters more complicated.
Seeking legal advice early allows you to understand your options and plan ahead. Thornton Jones Solicitors can advise you on separation agreements, financial settlements and Non-Court Dispute Resolution (NCDR), helping you move forward with confidence and clarity.
Yes. You do not have to begin divorce proceedings to benefit from legal advice. Many people experiencing a silent divorce simply want to understand their legal position before deciding what to do next. Early advice can help you protect your finances, understand your rights, consider a separation agreement and explore constructive options such as mediation or other forms of Non-Court Dispute Resolution (NCDR).
At Thornton Jones Solicitors, our experienced Family Law team provides practical, compassionate advice tailored to your circumstances. Contact us today to discuss your options and take the first step towards greater clarity and peace of mind.
If you remain legally married, your spouse may still have important legal rights, even if you have been separated for many years or are experiencing a silent divorce. If you die without a valid Will, your spouse could inherit a significant proportion, or even all, of your estate under the rules of intestacy. They may also be able to bring a financial claim against your estate as your legal spouse, which may not reflect your current wishes or family circumstances.
Seeking legal advice early can help you understand your options, update your Will where appropriate and protect your loved ones. The experienced Family Law team at Thornton Jones Solicitors can advise you on the legal implications of separation and help you make informed decisions for the future.
It is important to understand the potential legal and financial implications. If you or your spouse begin a new relationship before reaching a formal financial settlement, unresolved financial claims between you can remain open. In some circumstances, assets acquired after separation may still be taken into account during financial negotiations, which could also affect your new partner’s financial position.
If you are experiencing a silent divorce or long-term separation, obtaining legal advice early can help you protect your interests and avoid unnecessary complications. The experienced Family Law team at Thornton Jones Solicitors can explain your rights, advise on financial settlements and separation agreements, and help you move forward with confidence.
Potentially, yes. If you remain legally married, your spouse may still be entitled to pension benefits or death-in-service payments, even if your relationship has ended. The outcome will depend on the rules of your pension scheme, any beneficiary nominations you have made and whether a financial settlement has been reached as part of your separation or divorce.
If you are experiencing a silent divorce or long-term separation, it is important to understand how your marital status could affect your financial future. The experienced Family Law team at Thornton Jones Solicitors can advise you on pensions, financial settlements and the steps you can take to protect your interests and those of your loved ones.
A separation agreement can provide valuable clarity for couples who have separated but are not yet ready to divorce. While a separation agreement is not automatically legally binding in the same way as a court order, it can carry significant legal weight if it has been properly prepared, both parties have received independent legal advice and there has been full financial disclosure. In many cases, the courts will take a well-drafted separation agreement into account, in terms of the parties’ intentions, if financial matters are later considered
If you are experiencing a silent divorce or long-term separation, a separation agreement can help set out practical arrangements for finances, property and other important matters while reducing uncertainty. The experienced Family Law team at Thornton Jones Solicitors can advise you on whether a separation agreement is right for your circumstances and help you protect your interests with clear, practical legal advice.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
