Disclaimer

2. General Disclaimer

The outputs, calculators and information provided by FairSplit are:

• For discussion and negotiation only
• Not intended to be relied upon as advice or expert evidence
• Based on standard assumptions and user-supplied data
• Indicative in nature, and not tailored to individual scheme rules

By using the Service, you agree to these terms and accept all disclaimers herein.

3. Without Prejudice

All FairSplit results are presented on a "without prejudice" basis.

This means:

• They are for negotiation only and cannot be treated as binding
• They are not to be submitted as court evidence
• They do not constitute admissions or offers
• They are not suitable for legal enforcement or disclosure in formal proceedings

4. Not Expert Evidence

FairSplit reports do not qualify as expert evidence under the Family Procedure Rules 2010 (Part 25).

They are not appropriate for:

• Use in court or Form E financial disclosure
• Submission in support of consent orders
• Any process requiring actuarial certification or expert witness input

5. No Financial or Legal Advice

FairSplit does not provide regulated financial or legal advice.

We are not authorised by the Financial Conduct Authority (FCA) or Solicitors Regulation Authority (SRA).

You must consult:

• A qualified actuary for formal pension-on-divorce reports
• A financial adviser (IFA) for pension or tax advice
• A family solicitor for legal advice on divorce, settlement strategy, or consent orders

6. Indicative Accuracy and Limitations

Outputs from FairSplit are calculated using simplified logic and assumptions. We do not guarantee:

• Alignment with individual pension scheme rules
• Recognition of special benefits (e.g. Guaranteed Annuity Rates, protected rights)
• Suitability for use in complex, international, or high-value cases
• Accuracy of any projections beyond the assumptions outlined

Limitations apply in:

• Public sector DB schemes (e.g. NHS, Teachers)
• Schemes with safeguarded benefits
• Age gaps over 10 years
• Existing PSOs or unusual pension protections

7. Actuarial Assumptions

FairSplit uses industry-standard assumptions, broadly aligned with PAG2 (2024) guidance. These may include:

• Investment return projections
• Inflation and discount rates
• Mortality estimates (e.g. ONS tables)
• Retirement ages and drawdown profiles

These assumptions:

• Are not customised to your scheme or health/lifestyle
• May materially differ from actual scheme assumptions or future outcomes

A formal actuarial report will apply bespoke assumptions tailored to your circumstances.

8. Complexity Flags (PODE)

FairSplit includes internal PODE flags that highlight when your case may require formal expert analysis:

• Public Sector Defined Benefit
• Offsetting complexity
• Large age differential
• Implicit guaranteed benefits (e.g. GARs, protected tax-free cash)

If a flag is triggered, you are strongly advised to seek input from a Pensions on Divorce Expert (PODE).

9. Need for Professional Advice

FairSplit is a helpful starting point. It is not a substitute for:

• Court-ready actuarial evidence
• FCA-regulated financial guidance
• Tax or investment advice
• Legal advice on divorce procedure

Before making decisions or finalising settlements, you should instruct:

• A qualified actuary for reportable PSOs or offset figures
• An IFA for transfer values, retirement strategy, and tax impact
• A solicitor for implementation and consent orders

10. No Guarantees or Legal Reliance

We do not guarantee that:

• FairSplit outputs will be accepted by a court
• Any PSO%, offset, or income projection is "correct" or "fair" in law
• Future market conditions, pension values, or scheme decisions will align with our estimates

FairSplit does not accept liability for decisions made based on its results (see our Terms of Service for full details).

11. Regulatory Status

FairSplit Ltd:

• Is not FCA-authorised
• Is not SRA-regulated
• Does not offer legal services under the Legal Services Act 2007
• Does not produce court-compliant expert reports under CPR or FPR rules

FairSplit is an unregulated digital tool designed to support mediation and discussion — not to replace formal advice or expert analysis.

12. Use in Court Proceedings

FairSplit outputs are not suitable for use in court or Form E disclosure. Attempting to rely on them in litigation may result in:

• Rejection under Family Procedure Rules
• Challenge from the other party
• Delay or additional costs for formal actuarial input

Courts typically require evidence from:

• Independent actuaries complying with CPR Part 35 / FPR Part 25
• Experts who can testify, be cross-examined, and provide detailed analysis

13. Insurance and Risk Management

FairSplit Ltd is covered by:

• Professional Indemnity Insurance
• Cyber and Data Liability Insurance

Both policies are underwritten by Hiscox Insurance Company Ltd (Policy No. PSC10003806290).

These policies help protect against genuine errors, system issues, or claims — but do not override the indicative, without prejudice nature of the service. You use the outputs at your own discretion.

14. Changes to This Disclaimer

We may update this Disclaimer from time to time to reflect:

• Regulatory changes
• Product developments
• Evolving legal or actuarial standards

Updates will be posted on this page with a new "Last updated" date.