What if I don’t get a PODE report?

Skipping the PODE (Pensions on Divorce Expert) report might be tempting but it can be a costly mistake. Without any kind of PODE report you risk unfairness, financial struggle and even legal action post divorce. Getting expert PODE input now will provide financial and legal protection and peace of mind, not just today, but for years to come.

The legal risks of not having a PODE report

A financial settlement that either overlooks pensions or divides them without proper analysis is vulnerable to challenge. Here’s how:

• Consent orders can be overturned

  If one party later realises they received less than a fair share, and no expert report was used, the court may allow the order to be varied or even set aside.

• You risk breaching your duty of disclosure

  Both parties are legally obliged to disclose the full value of their assets. Using out-of-date or misleading pension figures (like basic CEVs) could be seen as a failure to disclose.

• Solicitor negligence claims are on the rise

  Many claims involve pension mistakes, especially where offsetting (trading pension for property or cash) was done without expert input. A PODE report shows that proper care was taken.

• The court expects fair and evidence-based outcomes

  Judges increasingly expect pension sharing to be based on proper analysis. Without it, a settlement may be rejected or re-opened, especially if it leaves one party at a disadvantage.

The financial consequences of not having a PODE report

Ignoring pensions or dividing them without guidance can leave one party significantly worse off in retirement, often for life. Here’s what that can look like:

• Pensions are often more valuable than the house

  Giving up a share of a Defined Benefit pension without understanding its true worth can mean walking away from hundreds of thousands of pounds in future income.

• Offsetting errors can leave gaps

  Agreeing to keep the house while your soon-to-be-ex keeps the pension might seem fair - until you reach retirement and find that the assets aren’t equal at all.

• Tax and future benefit implications can be missed

  Without expert guidance, it’s easy to misjudge how a pension share compares to cash. Some pensions generate taxable income, while others come with valuable guarantees that get lost if transferred. Taking a lump sum might reduce your future benefit entitlements or trigger tax rules (like the Money Purchase Annual Allowance) that limit your ability to rebuild your pension later.

• State Pension differences are often ignored

  Small weekly differences in forecasts can translate to large long-term gaps - especially where one party took time off to care for children. Even a £30/week gap could add up to over £30,000 in lifetime income.

The Bottom Line

You wouldn’t split a business or a home without knowing what it’s worth. Pensions are no different - and often worth more.

A PODE report helps ensure:

• Your agreement stands up in court

• You’re not hit with financial surprises later

• Both parties understand what’s fair, in real-world terms

Don’t leave your future to guesswork. If pensions are involved, a PODE isn’t a luxury it’s a vital safeguard.