On divorce, can a UK pension sharing order apply to a member’s QROPS?
Pension sharing orders are only recognised in the UK as they are issued by the UK courts and they do not have any powers over other jurisdictions. An order would therefore not be enforceable outside of the UK. In view of this, it would be at the discretion of the trustees for the QROPS scheme whether they agreed to assign some of the member’s benefits to the ex-spouse or civil partner. It is likely that the scheme will require: • due diligence on the ex-spouse or civil partner, • a full understanding of exactly what is to be achieved (i.e. if the ex-spouse dies, do the funds revert to the member, or are they to be paid out to named beneficiaries); and • the member to also sign appropriate legal deeds to give up rights under the QROPS if the scheme trustees did agree. If a QROPS provider includes taxable property within the investment vehicles for the scheme what affect will this have on the QROPS? Taxable property (including residential property) held at any time (not just the five yea
