Despite appearing to be a dry topic, in this incisive seminar about pensions and divorces, Church Court’s Sumita Mahtab-Shaikh impresses on practitioners the importance of how to deal with this asset in financial proceedings, in particular looking at:
Recent approaches to pensions in divorce proceedings
Equality of income or capital division of pension
Ring fencing of pension contributions
Circumstances in which to instruct a PODE
What should the PODE be asked to consider in the report?
Documents to provide PODE
Pension information forms
D11 application for permission to instruct a pensions expert
Relevant case law
W v H (divorce financial remedies)  EWFC B10
KM v CV  EWFC B22 (decided by HHJ Robinson)
M v M  EWFC B63
White v White  UKHL
RH v SV  EWFC B23
Dye v Martin-Dye  2 FLR 901
Sumita was called to the Bar in 2001. She practices in the areas of crime and family law. Her practice in the area of family law encompasses child arrangements (contact and residence); specific issue orders (name change, religion and schooling); adoption and special guardianship applications; domestic violence injunctions; financial matters and disputes and leave to remove from the jurisdiction.
She represents parties in all children proceedings, both care and private children law and also undertakes cases in financial remedy proceedings. She also has experience of acting on behalf of parents in care proceedings and recently represented the child in care proceedings, who had separate representation.
As a result of Sumita’s criminal practice, she has particular experience in inter disciplinary cases, where there is a cross over between family law and crime, which provides for tough and effective advocacy.