Section 12 of the Family Law Act, 1995 and section 17 of the Family Law (Divorce) Act, 1996 govern pension adjustment orders.
The benefits payable to a pension scheme are determined by the terms of the pension scheme and cannot be shared or interfered with by agreement between the member and the trustees of the pension scheme.
The benefits that can be affected by an Order are contingent benefits and retirement benefits.
The Courts can make a Pension Adjustment Order when granting a Decree of Judicial Separation or a Decree of Divorce. Either spouse involved in Judicial Separation or Divorce proceedings can apply for a Pension Adjustment Order for their own benefit or for the benefit of a dependent child or children.
Pensions can often be the most valuable matrimonial asset after the family home and Healy O’Connor Solicitors can provide legal advice in relation to the law governing pensions and the nature of pension schemes covered under Irish law.