Pensions and Divorce

At Intelligent Capital, we are experts at assisting Family Law practitioners in helping their clients with pension and other financial matters at this difficult time. The law around pensions is becoming increasingly complex and dealing with people who are emotionally vulnerable in highly stressful situations requires a different skill set and specific training.

Extract from an article in Lawyer Monthly (www.lawyer-monthly.com)

Family Law is increasingly complex and prone to grey legal areas that carry much dispute and action, requiring lawyers to keep ahead of changing legislation and on top of the game. Here to talk us about Family Law in Scotland, UK, is David Bremner, Director of Intelligent Capital Ltd & Intelligent Portfolios Ltd.

David is an associate member of the Family Law Association and Consensus Scotland. He regularly organises training events as well as presenting at Family Law events. He was previously Head of Retirement at The Oval Group, one of the largest independent advisory firms in the UK.

When that business was sold, David then joined Graeme Forbes, who established Intelligent Capital in 1999; the firm are Chartered, making them members of a small but select group of firms nationally that have achieved this status.

They also sponsor the Family Law Association’s Annual Dinner, held in St Andrews each year, as well as holding events with Family Law teams around the country. All David’s work is by referral which is testament to the standard of service and advice that his firm offers.


You work largely in collaboration with Scottish Family Law firms; how does your expertise contribute to cases and what are the common issues you advise on?

Whilst there are many competent financial advisers out there, many of whom will be more than capable of providing good financial advice to their clients; dealing with people who are emotionally vulnerable in highly stressful situations requires a different skill set and specific training.

The biggest issue is for me, as an adviser, is not becoming involved at an early enough stage. I appreciate that the lawyer doesn’t want to introduce a third party early on as they will be building their own relationship up at that time.

In most cases some initial reassurance that the individual will be okay financially, takes some of that anxiety away and allows the lawyer to concentrate on the legal matters to hand.

The most common issues that I advise on can be nothing more than simply educating the client on the assets they hold and what these assets can do for them, both immediately and in the future, right through to the more complex advice on defined contribution pension schemes and family trusts for example.

Clients want to know that financially they are going to be okay, the conflict and stress of divorce can cloud judgement and decision making.

My role is to ensure that the client’s best interests from a financial perspective are looked after and protected and that means taking emotion out of the equation and laying everything out in a way that the client can see and understand what is on the table and how that will work for them.

In couple disputes, what are the challenges of tracking assets that are held internationally – in an offshore trust for example?

There is always reliance in these situations that the lawyer can bring enough pressure to bear on the other party that they will be honest and divulge such holdings.

At Intelligent Capital, we are experts at assisting Family Law practitioners in helping their clients with Pension and other financial matters at this difficult time. The law around Pensions is becoming increasingly complex and dealing with people who are emotionally vulnerable in highly stressful situations requires a different skill set and specific training.

David Bremner and Graeme Forbes are associate members of the Family Law Association. Additionally, David is a member of Consensus Scotland. David and Graeme work in collaboration with Scottish Family Law firms.

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