{"id":11506,"date":"2022-04-24T20:07:34","date_gmt":"2022-04-24T20:07:34","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11506"},"modified":"2024-03-12T23:29:25","modified_gmt":"2024-03-12T23:29:25","slug":"pension-adjustment","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/pension-adjustment\/","title":{"rendered":"Pension Adjustment"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Orders\" title=\"Orders\">Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Notice_to_Trustees\" title=\"Notice to Trustees\">Notice to Trustees<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Adjustment_Order\" title=\"Adjustment Order\">Adjustment Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Left_in_or_Transferred\" title=\"Left in or Transferred\">Left in or Transferred<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Death\" title=\"Death\">Death<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Contingent_Benefits\" title=\"Contingent Benefits\">Contingent Benefits<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Cessation\" title=\"Cessation\">Cessation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/#Variation\" title=\"Variation\">Variation<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#FAMILY_LAW_DIVORCE_ACT_1996\" title=\"FAMILY LAW (DIVORCE) ACT 1996\">FAMILY LAW (DIVORCE) ACT 1996<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Preliminary_and_Ancillary_Orders_in_or_after_Proceedings_for_Divorce\" title=\"Preliminary and Ancillary Orders in or after Proceedings for Divorce\">Preliminary and Ancillary Orders in or after Proceedings for Divorce<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Pension_adjustment_orders\" title=\"Pension adjustment orders.\">Pension adjustment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Provisions_relating_to_certain_orders_under_sections_12_to_18_and_22\" title=\"Provisions relating to certain orders under sections 12 to 18 and 22.\">Provisions relating to certain orders under sections 12 to 18 and 22.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Retrospective_periodical_payments_orders\" title=\"Retrospective periodical payments orders.\">Retrospective periodical payments orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Variation_etc_of_certain_orders_under_this_Part\" title=\"Variation, etc., of certain orders under this Part.\">Variation, etc., of certain orders under this Part.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Restriction_in_relation_to_orders_for_benefit_of_dependent_members_of_family\" title=\"Restriction in relation to orders for benefit of dependent members of family.\">Restriction in relation to orders for benefit of dependent members of family.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Method_of_making_payments_under_certain_orders\" title=\"Method of making payments under certain orders.\">Method of making payments under certain orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Stay_on_certain_orders_the_subject_of_appeal\" title=\"Stay on certain orders the subject of appeal.\">Stay on certain orders the subject of appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Orders_under_Acts_of_1976_1989_and_1995\" title=\"Orders under Acts of 1976, 1989 and 1995.\">Orders under Acts of 1976, 1989 and 1995.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Amendment_of_section_3_of_Act_of_1976\" title=\"Amendment of section 3 of Act of 1976.\">Amendment of section 3 of Act of 1976.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Transmission_of_periodical_payments_through_District_Court_clerk\" title=\"Transmission of periodical payments through District Court clerk.\">Transmission of periodical payments through District Court clerk.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Application_of_maintenance_pending_suit_and_periodical_payment_orders_to_certain_members_of_Defence_Forces\" title=\"Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.\">Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Amendment_of_Enforcement_of_Court_Orders_Act_1940\" title=\"Amendment of Enforcement of Court Orders Act, 1940.\">Amendment of Enforcement of Court Orders Act, 1940.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#FAMILY_LAW_ACT_1995\" title=\"FAMILY LAW ACT 1995\">FAMILY LAW ACT 1995<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Pension_adjustment_orders-2\" title=\"Pension adjustment orders.\">Pension adjustment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/pension-adjustment\/2\/#Preservation_of_pension_entitlements_after_judicial_separation\" title=\"Preservation of pension entitlements after judicial separation.\">Preservation of pension entitlements after judicial separation.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Orders\"><\/span>Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In the context of judicial separation or divorce, a pension adjustment may be made for the benefit of an applicant spouse on behalf of the dependent family members. The order may be granted at the time of judicial separation or divorce or anytime afterwards.<\/p>\n<p>The court must consider whether, having regard to circumstances, proper provision has been or can be made under the other possible provisions that could be made. The court need not make a pension adjustment order if the totalities of other orders, as varied, if applicable, is enough to make proper provision for dependent spouses or children.<\/p>\n<p>See the section on pensions in relation to pension benefits and pension policies.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Notice_to_Trustees\"><\/span>Notice to Trustees<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Pension trust rights cannot be varied by separation agreement. A court order is required.<\/p>\n<p>The trustees must be given notice of the application. They must be entitled to make representations.<\/p>\n<p>The pension trustees must be given notice of the application. They are entitled to make representations in relation to the application and order.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Adjustment_Order\"><\/span>Adjustment Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The pension adjustment order may relate to all or certain pension provisions or benefits under the order. It may refer to retirement benefits or death-in-service benefits. This may include insurance, death-in-service like benefits, as well as survivor and other benefits.<\/p>\n<p>An adjustment order in relation to retirement benefits may apply to benefits under the scheme which have accrued at the date of the order. The court must specify the period over which the retirement benefits were earned, which are to be taken again. The relevant proportion should be allocated to the spouse and dependent children.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Left_in_or_Transferred\"><\/span>Left in or Transferred<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>As with pension benefits generally, the benefits may be left in the scheme to accrue for the benefit of the designated spouse or dependents. Alternatively, they may be moved to a different scheme or held separately.<\/p>\n<p>In this event, the amount which is transferred should be held separately within the same scheme or in an external scheme. This may include a scheme in which the dependent spouse is a beneficiary.<\/p>\n<p>The trustees may choose to transfer to another scheme, even if the spouse does not so choose.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Death\"><\/span>Death<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the dependent spouse dies before the benefit commences, the amount must be paid to his or her estate within three months. If the dependent spouse dies after the benefit has commenced, there may be a payment to the estate of the beneficiary spouse of the actuarial value of the amount which would have been payable had both spouses continued to live, adjusted by the fact that this benefit would not terminate during the lifetime of the spouse who was a member of the scheme.<\/p>\n<p>If a member\u2019s spouse dies and a sum for the benefit of the other spouse remains in the scheme, its actuarial value is payable to the estate of the beneficiary spouse.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Contingent_Benefits\"><\/span>Contingent Benefits<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A contingent benefits order relates to the life insurance elements of a pension scheme. An application may be made within 12 months of the making of a decree of judicial separation or divorce.<\/p>\n<p>It deals with the allocation of the death in service benefit. It may be made for the benefit of the spouse and\/or dependent children,<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Cessation\"><\/span>Cessation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A pension adjustment order may cease in the following circumstances:<\/p>\n<ul>\n<li>death in service benefits<\/li>\n<li>where the member spouse is no longer an employee or a member of the scheme.<\/li>\n<li>death of the dependent spouse named<\/li>\n<li>remarriage of the dependent spouse.<\/li>\n<li>when a dependent person not a spouse, ceases to be a dependent<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Variation\"><\/span>Variation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The pension adjustment order may not be made in favour of the spouse who is remarried at the time of the proceedings. However, a retirement benefits order will not be affected by remarriage. A contingent benefit order will terminate.<\/p>\n<p>A pension adjustment order may itself be varied by a subsequent application unless the court stipulates that it cannot be subsequently varied. A death in service benefits order cannot be varied.<\/p>\n<p>On a judicial separation for any period during the lifetime of a member spouse, the court may make an order directing trustees of the scheme to disregard the separation of spouses, where this would disqualify a dependent spouse. Under the rules of many schemes, benefits may be otherwise disapplied under the rules of the scheme.<\/p>\n<p><!--nextpage--><\/p>\n<h2>FAMILY LAW (DIVORCE) ACT 1996<\/h2>\n<p>PART III<\/p>\n<h4>Preliminary and Ancillary Orders in or after Proceedings for Divorce<\/h4>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nCertain gifts or inheritances taken by virtue or in consequence of order made under Part confirmed exempt from capital acquisitions tax (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1\/2003), s. 88(1) and (2)(d), commenced on enactment, as substituted (1.01.2011) by Finance (No. 3) Act 2011 (18\/2011), s. 3 and sch. 3 item 21, commenced as per s. 5(8)(e).<\/p>\n<p>E7<br \/>\nCertain transactions between spouses pursuant to an order under Part confirmed exempt from stamp duty (15.12.1999) by Stamp Duties Consolidation Act 1999 (31\/1999), s. 97, commenced on enactment, as amended (10.02.2000) by Finance Act 2000 (3\/2000), s. 131, commenced as per s. 131(2), and as amended (1.01.2011) by Finance (No. 3) Act 2011 (18\/2011), s. 2 and sch. 2 items 7-11, commenced as per s. 5(8)(d).<\/p>\n<p>E8<br \/>\nCertain disposals made by virtue or in consequence of an order made under Part or following a decree of divorce confirmed exempt from capital gains tax (1997-1998 onwards) by Taxes Consolidation Act 1997 (39\/1997), s. 1031, commenced as per s. 1097(1)(c), as amended (7.12.2005) by Finance Act 2006 (6\/2006), s. 75(1)(c), commenced as per s. 75(2).<\/p>\n<p>E9<br \/>\nPrevious affecting provision: certain gifts or inheritances taken by virtue or in consequence of an order made under Part confirmed exempt from capital acquisitions tax (10.05.1997) by Finance Act 1997 (22\/1997), s. 142(1) and (2)(d), commenced on enactment; superseded (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1\/2003), s. 88(1) and (2)(d), commenced on enactment, as substituted (1.01.2011) by Finance (No. 3) Act 2011 (18\/2011), s. 3 and sch. 3 item 21, commenced as per s. 5(8)(e).<\/p>\n<p>&nbsp;<\/p>\n<h4>Pension adjustment orders.<\/h4>\n<p>17.\u2014(1) In this section, save where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1990\u201d means the Pensions Act, 1990;<\/p>\n<p>\u201cactive member\u201d in relation to a scheme, means a member of the scheme who is in reckonable service;<\/p>\n<p>\u201cactuarial value\u201d means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of such benefit) under a scheme calculated by reference to appropriate financial assumptions and making due allowance for the probability of survival to normal pensionable age and thereafter in accordance with normal life expectancy on the assumption that the member concerned of the scheme, at the effective date of calculation, is in a normal state of health having regard to his or her age;<\/p>\n<p>\u201capproved arrangement\u201d, in relation to the trustees of a scheme, means an arrangement whereby the trustees, on behalf of the person for whom the arrangement is made, effect policies or contracts of insurance that are approved of by the Revenue Commissioners with, and make the appropriate payments under the policies or contracts to, one or more undertakings;<\/p>\n<p>\u201ccontingent benefit\u201d means a benefit payable under a scheme, other than a payment under subsection (7) to or for one or more of the following, that is to say, the widow or the widower and any dependants of the member spouse concerned and the personal representative of the member spouse, if the member spouse dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the scheme;<\/p>\n<p>F18[&#8220;defined contribution scheme&#8221; has the same meaning as in the Pensions Act 1990;]<\/p>\n<p>\u201cdesignated benefit\u201d, in relation to a pension adjustment order, means an amount determined by the trustees of the scheme concerned, in accordance with relevant guidelines, and by reference to the period and the percentage of the retirement benefit specified in the order concerned under subsection (2);<\/p>\n<p>\u201cmember spouse\u201d, in relation to a scheme, means a spouse who is a member of the scheme;<\/p>\n<p>\u201cnormal pensionable age\u201d means the earliest age at which a member of a scheme is entitled to receive benefits under the rules of the scheme on retirement from relevant employment, disregarding any such rules providing for early retirement on grounds of ill health or otherwise;<\/p>\n<p>\u201coccupational pension scheme\u201d has the meaning assigned to it by section 2 (1) of the Act of 1990;<\/p>\n<p>\u201creckonable service\u201d means service in relevant employment during membership of any scheme;<\/p>\n<p>\u201crelevant guidelines\u201d means any relevant guidelines for the time being in force under paragraph (c) or (cc) of section 10 (1) of the Act of 1990;<\/p>\n<p>\u201crelevant employment\u201d, in relation to a scheme, means any employment (or any period treated as employment) or any period of self-employment to which a scheme applies;<\/p>\n<p>\u201cretirement benefit\u201d, in relation to a scheme, means all benefits (other than contingent benefits) payable under the scheme;<\/p>\n<p>\u201crules\u201d, in relation to a scheme, means the provisions of the scheme, by whatever name called;<\/p>\n<p>\u201cscheme\u201d means a pension scheme;<\/p>\n<p>\u201ctransfer amount\u201d shall be construed in accordance with subsection (4);<\/p>\n<p>\u201cundertaking\u201d has the meaning assigned to it by the Insurance Act, 1989.<\/p>\n<p>(2) Subject to the provisions of this section, where a decree of divorce (\u201cthe decree\u201d) has been granted, the court, if it so thinks fit, may, in relation to retirement benefit under a scheme of which one of the spouses concerned is a member, on application to it in that behalf at the time of the making of the order for the decree or at any time thereafter during the lifetime of the member spouse by either of the spouses or by a person on behalf of a dependent member of the family, make an order providing for the payment, in accordance with the provisions of this section, to either of the following, as the court may determine, that is to say\u2014<\/p>\n<p>(a) the other spouse and, in the case of the death of that spouse, his or her personal representative, and<\/p>\n<p>(b) such person as may be specified in the order for the benefit of a person who is, and for so long only as he or she remains, a dependent member of the family, of a benefit consisting, either, as the court may determine, of the whole, or such part as the court considers appropriate, of that part of the retirement benefit that is payable (or which, but for the making of the order for the decree, would have been payable) under the scheme and has accrued at the time of the making of the order for the decree and, for the purpose of determining the benefit, the order shall specify\u2014<\/p>\n<p>(i) the period of reckonable service of the member spouse prior to the granting of the decree to be taken into account, and<\/p>\n<p>(ii) the percentage of the retirement benefit accrued during that period to be paid to the person referred to in paragraph (a) or (b), as the case may be.<\/p>\n<p>(3) Subject to the provisions of this section, where a decree of divorce (\u201cthe decree\u201d) has been granted, the court, if it so thinks fit, may, in relation to a contingent benefit under a scheme of which one of the spouses concerned is a member, on application to it in that behalf not more than one year after the making of the order for the decree by either of the spouses or by a person on behalf of a dependent member of the family concerned, make an order providing for the payment, upon the death of the member spouse, to either of the following, or to both of them in such proportions as the court may determine, that is to say\u2014<\/p>\n<p>(a) the other spouse, and<\/p>\n<p>(b) such person as may be specified in the order for the benefit of a dependent member of the family,<\/p>\n<p>of, either, as the court may determine, the whole, or such part (expressed as a percentage) as the court considers appropriate, of that part of any contingent benefit that is payable (or which, but for the making of the order for the decree, would have been payable) under the scheme.<\/p>\n<p>(4) Where the court makes an order under subsection (2) in favour of a spouse and payment of the designated benefit concerned has not commenced, the spouse in whose favour the order is made shall be entitled to the application in accordance with subsection (5) of an amount of money from the scheme concerned (in this section referred to as a \u201ctransfer amount\u201d) equal to the value of the designated benefit, such amount being determined by the trustees of the scheme in accordance with relevant guidelines.<\/p>\n<p>(5) Subject to subsection (17), where the court makes an order under subsection (2) in favour of a spouse and payment of the designated benefit concerned has not commenced, the trustees of the scheme concerned shall, for the purpose of giving effect to the order\u2014<\/p>\n<p>(a) on application to them in that behalf at the time of the making of the order or at any time thereafter by the spouse in whose favour the order was made (\u201cthe spouse\u201d), and<\/p>\n<p>(b) on the furnishing to them by the spouse of such information as they may reasonably require,<\/p>\n<p>apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines either\u2014<\/p>\n<p>(i) if the trustees and the spouse so agree, in providing a benefit for or in respect of the spouse under the scheme aforesaid that is of the same actuarial value as the transfer amount concerned, or<\/p>\n<p>(ii) in making a payment either to\u2014<\/p>\n<p>(I) such other occupational pension scheme, being a scheme the trustees of which agree to accept the payment, or<\/p>\n<p>(II) in the discharge of any payment falling to be made by the trustees under any such other approved arrangement,<\/p>\n<p>as may be determined by the spouse.<\/p>\n<p>(6) Subject to subsection (17), where the court makes an order under subsection (2) in relation to a defined contribution scheme and an application has not been brought under subsection (5), the trustees of the scheme may, for the purpose of giving effect to the order, if they so think fit, apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines, in making a payment to\u2014<\/p>\n<p>(a) such other occupational pension scheme, being a scheme the trustees of which agree to accept the payment, or<\/p>\n<p>(b) in the discharge of any payment falling to be made by the trustees under such other approved arrangement,<\/p>\n<p>as may be determined by the trustees.<\/p>\n<p>(7) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2), and<\/p>\n<p>(b) the member spouse concerned dies before payment of the designated benefit concerned has commenced,<\/p>\n<p>the trustees shall, for the purpose of giving effect to the order, within 3 months of the death of the member spouse, provide for the payment to the person in whose favour the order was made of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.<\/p>\n<p>(8) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2), and<\/p>\n<p>(b) the member spouse concerned ceases to be a member of the scheme otherwise than on death,<\/p>\n<p>the trustees may, for the purpose of giving effect to the order, if they so think fit, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines either, as the trustees may determine\u2014<\/p>\n<p>(i) if the trustees and the person in whose favour the order is made (\u201cthe person\u201d) so agree, in providing a benefit for or in respect of the person under the scheme aforesaid that is of the same actuarial value as the transfer amount concerned, or<\/p>\n<p>(ii) in making a payment, either to\u2014<\/p>\n<p>(I) such other occupational pension scheme, being a scheme the trustees of which agree to accept the payment, or<\/p>\n<p>(II) in the discharge of any payment falling to be made under such other approved arrangement,<\/p>\n<p>as may be determined by the trustees.<\/p>\n<p>(9) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) in favour of a spouse (\u201cthe spouse\u201d),<\/p>\n<p>(b) the spouse dies before the payment of the designated benefit has commenced,<\/p>\n<p>the trustees shall, within 3 months of the death of the spouse, provide for the payment to the personal representative of the spouse of an amount equal to the transfer amount calculated in accordance with relevant guidelines.<\/p>\n<p>(10) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) in favour of a spouse (\u201cthe spouse\u201d), and<\/p>\n<p>(b) the spouse dies after payment of the designated benefit has commenced,<\/p>\n<p>the trustees shall, within 3 months of the death of the spouse, provide for the payment to the personal representative of the spouse of an amount equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit which, but for the death of the spouse, would have been payable to the spouse during the lifetime of the member spouse.<\/p>\n<p>(11) Where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) for the benefit of a dependent member of the family (\u201cthe person\u201d), and<\/p>\n<p>(b) the person dies before payment of the designated benefit has commenced,<\/p>\n<p>the order shall cease to have effect in so far as it relates to that person.<\/p>\n<p>(12) Where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) or (3) in relation to an occupational pension scheme, and<\/p>\n<p>(b) the trustees of the scheme concerned have not applied the transfer amount concerned in accordance with subsection (5), (6), (7), (8) or (9), and<\/p>\n<p>(c) after the making of the order, the member spouse ceases to be an active member of the scheme,<\/p>\n<p>the trustees shall, within 12 months of the cessation, notify the registrar or clerk of the court concerned and the other spouse of the cessation.<\/p>\n<p>(13) Where the trustees of a scheme apply a transfer amount under subsection (6) or (8), they shall notify the spouse (not being the spouse who is the member spouse) or other person concerned and the registrar or clerk of the court concerned of the application and shall give to that spouse or other person concerned particulars of the scheme or undertaking concerned and of the transfer amount.<\/p>\n<p>(14) Where the court makes an order under subsection (2) or (3) for the payment of a designated benefit or a contingent benefit, as the case may be, the benefit shall be payable or the transfer amount concerned applied out of the resources of the scheme concerned and, unless otherwise provided for in the order or relevant guidelines, shall be payable in accordance with the rules of the scheme or, as the case may be, applied in accordance with relevant guidelines.<\/p>\n<p>(15) Where the court makes an order under subsection (2), the amount of the retirement benefit payable, in accordance with the rules of the scheme concerned to, or to or in respect of, the member spouse shall be reduced by the amount of the designated benefit payable pursuant to the order.<\/p>\n<p>(16) (a) Where the court makes an order under subsection (3), the amount of the contingent benefit payable, in accordance with the rules of the scheme concerned in respect of the member spouse shall be reduced by an amount equal to the contingent benefit payable pursuant to the order.<\/p>\n<p>(b) Where the court makes an order under subsection (2) and the member spouse concerned dies before payment of the designated benefit concerned has commenced, the amount of the contingent benefit payable in respect of the member spouse in accordance with the rules of the scheme concerned shall be reduced by the amount of the payment made under subsection (7).<\/p>\n<p>(17) Where, pursuant to an order under subsection (2), the trustees of a scheme make a payment or apply a transfer amount under subsection (5), (6), (7), (8), (9) or (10), they shall be discharged from any obligation to make any further payment or apply any transfer amount under any other of those subsections in respect of the benefit payable pursuant to the order.<\/p>\n<p>(18) A person who makes an application under subsection (2) or (3) or an application for an order under section 22 (2) in relation to an order under subsection (2) shall give notice thereof to the trustees of the scheme concerned and, in deciding whether to make the order concerned and in determining the provisions of the order, the court shall have regard to any representations made by any person to whom notice of the application has been given under this section or section 40.<\/p>\n<p>(19) An order under subsection (3) shall cease to have effect on the death or remarriage F19[or registration in a civil partnership] of the person in whose favour it was made in so far as it relates to that person.<\/p>\n<p>(20) The court may, in a pension adjustment order or by order made under this subsection after the making of a pension adjustment order, give to the trustees of the scheme concerned such directions as it considers appropriate for the purposes of the pension adjustment order including directions compliance with which occasions non-compliance with the rules of the scheme concerned or the Act of 1990; and a trustee of a scheme shall not be liable in any court or other tribunal for any loss or damage caused by his or her non-compliance with the rules of the scheme or with the Act of 1990 if the non-compliance was occasioned by his or her compliance with a direction of the court under this subsection.<\/p>\n<p>(21) The registrar or clerk of the court concerned shall cause a copy of a pension adjustment order to be served on the trustees of the scheme concerned.<\/p>\n<p>(22) (a) Any costs incurred by the trustees of a scheme under subsection (18) or in complying with a pension adjustment order or a direction under subsection (20) or (25) shall be borne, as the court may determine, by the member spouse or by the other person concerned or by both of them in such proportion as the court may determine and, in the absence of such determination, those costs shall be borne by them equally.<\/p>\n<p>(b) Where a person fails to pay an amount in accordance with paragraph (a) to the trustees of the scheme concerned, the court may, on application to it in that behalf by the trustees, order that the amount be deducted from the amount of any benefit payable to the person under the scheme or pursuant to an order under subsection (2) or (3) and be paid to the trustees.<\/p>\n<p>(23) (a) The court shall not make a pension adjustment order in favour of a spouse who has remarried F19[or registered in a civil partnership].<\/p>\n<p>(b) The court may make a pension adjustment order in addition to or in substitution in whole or in part for an order or orders under section 13, 14, 15 or 16 and, in deciding whether or not to make a pension adjustment order, the court shall have regard to the question whether proper provision, having regard to the circumstances, exists or can be made for the spouse concerned or the dependent member of the family concerned by an order or orders under any of those sections.<\/p>\n<p>(24) Section 54 of the Act of 1990 and any regulations under that section shall apply with any necessary modifications to a scheme if proceedings for the grant of a decree of divorce to which a member spouse is a party have been instituted and shall continue to apply notwithstanding the grant of a decree of divorce in the proceedings.<\/p>\n<p>(25) For the purposes of this Act, the court may, of its own motion, and shall, if so requested by either of the spouses concerned or any other person concerned, direct the trustees of the scheme concerned to provide the spouses or that other person and the court, within a specified period of time\u2014<\/p>\n<p>(a) with a calculation of the value and the amount, determined in accordance with relevant guidelines, of the retirement benefit, or contingent benefit, concerned that is payable (or which, but for the making of the order for the decree of divorce concerned, would have been payable) under the scheme and has accrued at the time of the making of that order, and<\/p>\n<p>(b) with a calculation of the amount of the contingent benefit concerned that is payable (or which, but for the making of the order for the decree of divorce concerned, would have been payable) under the scheme.<\/p>\n<p>(26) An order under this section may restrict to a specified extent or exclude the application of section 22 in relation to the order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (14.04.2008) by Social Welfare and Pensions Act 2008 (2\/2008), s. 31, S.I. No. 84 of 2008.<\/p>\n<p>F19<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 154, S.I. No. 648 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nInformation to be furnished in relation to pension adjustment orders prescribed (27.04.2007) by Trust Racs (Disclosure of Information) Regulations 2007 (S.I. No. 182 of 2007), reg. 14, in effect as per reg. 1(2).<\/p>\n<p>E16<br \/>\nInformation to be furnished in relation to pension adjustment orders prescribed (1.01.2007) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006), reg. 17, in effect as per reg. 1(2)(c), as amended (12.06.2012) by Occupational Pension Schemes (Disclosure of Information) (Amendment) (No. 3) Regulations 2012 (S.I. No. 203 of 2012), reg. 3(h).<\/p>\n<p>E17<br \/>\nPensions Board allocated function to issue guidelines or guidance notes generally on the operation of Pensions Act 1990 (25\/1990) and on the provisions of this Act relating to pension schemes (within the meaning of s. 2) by Pensions Act 1990 (25\/1990), s. 10(1)(cc), as substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 47(c), commenced as per s. 1(2), and amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 148, S.I. No. 648 of 2010.<\/p>\n<p>E18<br \/>\nMinister granted power to make regulations specifying guidelines for purposes of section by Pensions Act 1990 (25\/1990), s. 5(4), as amended (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 47(a) and (b), commenced as per s. 1(2), and amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 148, S.I. No. 648 of 2010. Power to make regulations under Pensions Act 1990 (25\/1990), s. 5, as amended, was exercised (27.02.1997) by Pension Schemes (Family Law) Regulations 1997 (S.I. No. 107 of 1997), in effect as per reg. 1(2), and (18.07.2012) by Pension Schemes (Family Law) (Amendment) Regulations 2012 (S.I. No. 254 of 2012).<\/p>\n<p>E19<br \/>\nPrevious affecting provision: information to be furnished in relation to pension adjustment orders prescribed (1.01.2007) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2005 (S.I. No. 633 of 2005), reg. 17, commenced as per reg. 1(2)(d); revoked (1.06.2006) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006), reg. 2(2), in effect as per reg. 1(2)(b).<\/p>\n<p>E20<br \/>\nPrevious affecting provision: information to be furnished in relation to pension adjustment orders prescribed (1.10.1998) by Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 (S.I. No. 349 of 1998), reg. 15, in effect as per reg. 1(2)(a); revoked (1.01.2007) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006), reg. 2(1)(c), in effect as per reg. 2(1)(c).<\/p>\n<p>&nbsp;<\/p>\n<h4>Provisions relating to certain orders under sections 12 to 18 and 22.<\/h4>\n<p>20.\u2014(1) In deciding whether to make an order under section 12, 13, 14, 15 (1) (a), 16, 17, 18 or 22 and in determining the provisions of such an order, the court shall ensure that such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any dependent member of the family concerned.<\/p>\n<p>(2) Without prejudice to the generality of subsection (1), in deciding whether to make such an order as aforesaid and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters:<\/p>\n<p>(a) the income, earning capacity, property and other financial resources which each of the spouses concerned has or is likely to have in the foreseeable future,<\/p>\n<p>(b) the financial needs, obligations and responsibilities which each of the spouses has or is likely to have in the foreseeable future (whether in the case of the remarriage F22[or registration in a civil partnership] of the spouse or otherwise),<\/p>\n<p>(c) the standard of living enjoyed by the family concerned before the proceedings were instituted or before the spouses commenced to live apart from one another, as the case may be,<\/p>\n<p>(d) the age of each of the spouses, the duration of their marriage and the length of time during which the spouses lived with one another,<\/p>\n<p>(e) any physical or mental disability of either of the spouses,<\/p>\n<p>(f) the contributions which each of the spouses has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other spouse and any contribution made by either of them by looking after the home or caring for the family,<\/p>\n<p>(g) the effect on the earning capacity of each of the spouses of the marital responsibilities assumed by each during the period when they lived with one another and, in particular, the degree to which the future earning capacity of a spouse is impaired by reason of that spouse having relinquished or foregone the opportunity of remunerative activity in order to look after the home or care for the family,<\/p>\n<p>(h) any income or benefits to which either of the spouses is entitled by or under statute,<\/p>\n<p>(i) the conduct of each of the spouses, if that conduct is such that in the opinion of the court it would in all the circumstances of the case be unjust to disregard it,<\/p>\n<p>(j) the accommodation needs of either of the spouses,<\/p>\n<p>(k) the value to each of the spouses of any benefit (for example, a benefit under a pension scheme) which by reason of the decree of divorce concerned, that spouse will forfeit the opportunity or possibility of acquiring,<\/p>\n<p>(l) the rights of any person other than the spouses but including a person to whom either spouse is remarried.<\/p>\n<p>(3) In deciding whether to make an order under a provision referred to in subsection (1) and in determining the provisions of such an order, the court shall have regard to the terms of any separation agreement which has been entered into by the spouses and is still in force.<\/p>\n<p>(4) Without prejudice to the generality of subsection (1), in deciding whether to make an order referred to in that subsection in favour of a dependent member of the family concerned and in determining the provisions of such an order, the court shall, in particular, have regard to the following matters:<\/p>\n<p>(a) the financial needs of the member,<\/p>\n<p>(b) the income, earning capacity (if any), property and other financial resources of the member,<\/p>\n<p>(c) any physical or mental disability of the member,<\/p>\n<p>(d) any income or benefits to which the member is entitled by or under statute,<\/p>\n<p>(e) the manner in which the member was being and in which the spouses concerned anticipated that the member would be educated or trained,<\/p>\n<p>(f) the matters specified in paragraphs (a), (b) and (c) of subsection (2) and in subsection (3),<\/p>\n<p>(g) the accommodation needs of the member.<\/p>\n<p>(5) The court shall not make an order under a provision referred to in subsection (1) unless it would be in the interests of justice to do so.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 157, S.I. No. 648 of 2010.<\/p>\n<h4>Retrospective periodical payments orders.<\/h4>\n<p>21.\u2014(1) Where, having regard to all the circumstances of the case, the court considers it appropriate to do so, it may, in a periodical payments order, direct that\u2014<\/p>\n<p>(a) the period in respect of which payments under the order shall be made shall begin on such date before the date of the order, not being earlier than the time of the institution of the proceedings concerned for the grant of a decree of divorce, as may be specified in the order,<\/p>\n<p>(b) any payments under the order in respect of a period before the date of the order be paid in one sum and before a specified date, and<\/p>\n<p>(c) there be deducted from any payments referred to in paragraph (b) made to the spouse concerned an amount equal to the amount of such (if any) payments made to that spouse by the other spouse as the court may determine, being payments made during the period between the making of the order for the grant of the decree aforesaid and the institution of the proceedings aforesaid.<\/p>\n<p>(2) The jurisdiction conferred on the court by subsection (1) (b) is without prejudice to the generality of section 13 (1) (c).<\/p>\n<h4>Variation, etc., of certain orders under this Part.<\/h4>\n<p>22.\u2014(1) This section applies to the following orders:<\/p>\n<p>(a) a maintenance pending suit order,<\/p>\n<p>(b) a periodical payments order,<\/p>\n<p>(c) a secured periodical payments order,<\/p>\n<p>(d) a lump sum order if and in so far as it provides for the payment of the lump sum concerned by instalments or requires the payment of any such instalments to be secured,<\/p>\n<p>(e) an order under paragraph (b), (c) or (d) of section 14 (1) in so far as such application is not restricted or excluded pursuant to section 14 (2),<\/p>\n<p>(f) an order under subparagraph (i) or (ii) of section 15 (1) (a),<\/p>\n<p>(g) a financial compensation order,<\/p>\n<p>(h) an order under section 17 (2) insofar as such application is not restricted or excluded pursuant to section 17 (26),<\/p>\n<p>(i) an order under this section.<\/p>\n<p>(2) Subject to the provisions of this section and section 20 and to any restriction or exclusion pursuant to section 14 (2) or 17 (26) and without prejudice to section 16 (2) (d), the court may, on application to it in that behalf\u2014<\/p>\n<p>(a) by either of the spouses concerned,<\/p>\n<p>(b) in the case of the death of either of the spouses, by any other person who has, in the opinion of the court, a sufficient interest in the matter or by a person on behalf of a dependent member of the family concerned, or<\/p>\n<p>(c) in the case of the remarriage of either of the spouses, by his or her spouse,<\/p>\n<p>if it considers it proper to do so having regard to any change in the circumstances of the case and to any new evidence, by order vary or discharge an order to which this section applies, suspend any provision of such an order or any provision of such an order temporarily, revive the operation of such an order or provision so suspended, further vary an order previously varied under this section or further suspend or revive the operation of an order or provision previously suspended or revived under this section; and, without prejudice to the generality of the foregoing, an order under this section may require the divesting of any property vested in a person under or by virtue of an order to which this section applies.<\/p>\n<p>(3) Without prejudice to the generality of section 12 or 13, that part of an order to which this section applies which provides for the making of payments for the support of a dependent member of the family shall stand discharged if the member ceases to be a dependent member of the family by reason of his or her attainment of the age of 18 years or 23 years, as may be appropriate, and shall be discharged by the court, on application to it under subsection (2), if it is satisfied that the member has for any reason ceased to be a dependent member of the family.<\/p>\n<p>(4) The power of the court under subsection (2) to make an order varying, discharging or suspending an order referred to in subsection (1) (e) shall be subject to any restriction or exclusion specified in that order and shall (subject to the limitation aforesaid) be a power\u2014<\/p>\n<p>(a) to vary the settlement to which the order relates in any person\u2019s favour or to extinguish or reduce any person\u2019s interest under that settlement, and<\/p>\n<p>(b) to make such supplemental provision (including a further property adjustment order or a lump sum order) as the court thinks appropriate in consequence of any variation, extinguishment or reduction made pursuant to paragraph (a),<\/p>\n<p>and section 19 shall apply to a case where the court makes such an order as aforesaid under subsection (2) as it applies to a case where the court makes a property adjustment order with any necessary modifications.<\/p>\n<p>(5) The court shall not make an order under subsection (2) in relation to an order referred to in subsection (1) (e) unless it appears to it that the order will not prejudice the interests of any person who\u2014<\/p>\n<p>(a) has acquired any right or interest in consequence of the order referred to in subsection (1) (e), and<\/p>\n<p>(b) is not a party to the marriage concerned or a dependent member of the family concerned.<\/p>\n<p>(6) This section shall apply, with any necessary modifications, to instruments executed pursuant to orders to which this section applies as it applies to those orders.<\/p>\n<p>(7) Where the court makes an order under subsection (2) in relation to a property adjustment order relating to land, a copy of the order under subsection (2) certified to be a true copy by the registrar or clerk of the court concerned shall, as appropriate, be lodged by him or her in the Land Registry for registration pursuant to section 69 (1) (h) of the Registration of Title Act, 1964, in a register maintained under that Act or be registered in the Registry of Deeds.<\/p>\n<p>F23[(8) Where a property adjustment order lodged under section 14(4) and duly registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 is varied, discharged, suspended or revived by an order under subsection (2) and the second-mentioned order has been duly lodged for registration pursuant to subsection (7), the Property Registration Authority shall\u2014<\/p>\n<p>(a) amend or cancel the entry made in the register, pursuant to section 14(4), under the Registration of Title Act 1964 accordingly, or<\/p>\n<p>(b) note the position in the Registry of Deeds.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nInserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 75(b), S.I. No. 274 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nForm of application for cancellation of Property Adjustment Order pursuant to section prescribed (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rule 103, in effect as per rule 1.<\/p>\n<p>E22<br \/>\nProcedure for application for registration of an order of Court pursuant to section prescribed (1.05.2008) by Registration of Deeds Rules 2008 (S.I. No. 52 of 2008), rule 14(2), in effect as per rule 1.<\/p>\n<h4>Restriction in relation to orders for benefit of dependent members of family.<\/h4>\n<p>23.\u2014In deciding whether\u2014<\/p>\n<p>(a) to include in an order under section 12 a provision requiring the making of periodical payments for the benefit of a dependent member of the family,<\/p>\n<p>(b) to make an order under paragraph (a) (ii), (b) (ii) or (c) (ii) of section 13 (1),<\/p>\n<p>(c) to make an order under section 22 varying, discharging or suspending a provision referred to in paragraph (a) or an order referred to in paragraph (b),<\/p>\n<p>the court shall not have regard to conduct by the spouse or spouses concerned of the kind specified in subsection (2) (i) of section 20.<\/p>\n<h4>Method of making payments under certain orders.<\/h4>\n<p>24.\u2014(1) The court may by order provide that a payment under an order to which this section applies shall be made by such method as is specified in the order and be subject to such terms and conditions as it considers appropriate and so specifies.<\/p>\n<p>(2) This section applies to an order under\u2014<\/p>\n<p>(a) section 11 (2) (b) of the Act of 1964,<\/p>\n<p>(b) section 5, 5A or 7 of the Act of 1976,<\/p>\n<p>(c) section 7, 8 or 24 of the Act of 1995, and<\/p>\n<p>(d) section 12, 13, 19 or 22.<\/p>\n<h4>Stay on certain orders the subject of appeal.<\/h4>\n<p>25.\u2014Where an appeal is brought from an order under\u2014<\/p>\n<p>(a) section 11 (2) (b) of the Act of 1964,<\/p>\n<p>(b) section 5, 5A or 7 of the Act of 1976,<\/p>\n<p>(c) section 7, paragraph (a) or (b) of section 8 (1) or section 24 of the Act of 1995, or<\/p>\n<p>(d) section 12, paragraph (a) or (b) of section 13 (1) or paragraph (a), (b) or (c) of section 22 (1),<\/p>\n<p>the operation of the order shall not be stayed unless the court that made the order or to which the appeal is brought directs otherwise.<\/p>\n<h4>Orders under Acts of 1976, 1989 and 1995.<\/h4>\n<p>26.\u2014(1) Where, while an order (\u201cthe first-mentioned order\u201d), being\u2014<\/p>\n<p>(a) a maintenance order, an order varying a maintenance order, or an interim order under the Act of 1976,<\/p>\n<p>(b) an order under section 14, 15, 16, 18 or 22 of the Act of 1989,<\/p>\n<p>(c) an order under section 8, 9, 10, 11, 12, 13, 14, 15 or 18 of the Act of 1995,<\/p>\n<p>is in force, an application is made to the court by a spouse to whom the first-mentioned order relates for an order granting a decree of divorce or an order under this Part, the court may by order discharge the first-mentioned order as on and from such date as may be specified in the order.<\/p>\n<p>(2) Where, on the grant of a decree of divorce an order specified in subsection (1) is in force, it shall, unless it is discharged by an order under subsection (1), continue in force as if it were an order made under a corresponding provision of this Act and section 22 shall apply to it accordingly.<\/p>\n<h4>Amendment of section 3 of Act of 1976.<\/h4>\n<p>27.\u2014Section 3 (1) of the Act of 1976 is hereby amended by the insertion in the definition of \u201cantecedent order\u201d after paragraph (k) (inserted by the Act of 1995) of the following paragraph:<\/p>\n<p>\u201c(l) a maintenance pending suit order under the Family Law (Divorce) Act, 1996, or a periodical payments order under that Act;\u201d.<\/p>\n<h4>Transmission of periodical payments through District Court clerk.<\/h4>\n<p>28.\u2014Notwithstanding anything in this Act, section 9 of the Act of 1976 shall apply in relation to an order (\u201cthe relevant order\u201d), being a maintenance pending suit order, a periodical payments order or a secured periodical payments order or any such order as aforesaid as affected by an order under section 22, with the modifications that\u2014<\/p>\n<p>(a) the reference in subsection (4) of the said section 9 to the maintenance creditor shall be construed as a reference to the person to whom payments under the relevant order concerned are required to be made,<\/p>\n<p>(b) the other references in the said section 9 to the maintenance creditor shall be construed as references to the person on whose application the relevant order was made, and<\/p>\n<p>(c) the reference in subsection (3) of the said section 9 to the maintenance debtor shall be construed as a reference to the person to whom payments under the relevant order are required by that order to be made,<\/p>\n<p>and with any other necessary modifications.<\/p>\n<h4>Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.<\/h4>\n<p>29.\u2014The reference in section 98 (1) (h) of the Defence Act, 1954, to an order for payment of alimony shall be construed as including a reference to a maintenance pending suit order, a periodical payments order and a secured periodical payments order.<\/p>\n<h4>Amendment of Enforcement of Court Orders Act, 1940.<\/h4>\n<p>30.\u2014The references in subsections (1) and (7) of section 8 of the Enforcement of Court Orders Act, 1940 (as amended by section 29 of the Act of 1976 and section 22 of the Act of 1995), to an order shall be construed as including references to a maintenance pending suit order and a periodical payments order.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E23<br \/>\nPrevious affecting provision: references in Enforcement of Court Orders Act 1940 (23\/1940), s. 8(1) and (7) (as previously amended by Family Law (Maintenance of Spouses and Children) Act 1976, s. 29, Family Law Act 1995, s. 22 and this section) to an order was required to be construed as including references to an antecedent order (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 65, S.I. No. 648 of 2010. The 1940 Act, s. 8, is now substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 63, commenced on enactment.<\/p>\n<h2>FAMILY LAW ACT 1995<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 August 2022<\/p>\n<p>AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE JURISDICTION OF THE COURTS TO MAKE PRELIMINARY AND ANCILLARY ORDERS IN OR AFTER PROCEEDINGS FOR JUDICIAL SEPARATION, TO ENABLE SUCH ORDERS TO BE MADE IN CERTAIN CASES WHERE MARRIAGES ARE DISSOLVED, OR AS RESPECTS WHICH THE SPOUSES BECOME JUDICIALLY SEPARATED, UNDER THE LAW OF ANOTHER STATE, TO MAKE FURTHER PROVISION IN RELATION TO MAINTENANCE UNDER THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT, 1976, AND IN RELATION TO MARRIAGE AND TO PROVIDE FOR CONNECTED MATTERS. [2nd October, 1995]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nCertain functions in relation to Act transferred (1.01.2014, establisment day) by Child and Family Agency Act 2013, ss. 6, 82 and sch. 1, S.I. Nos. 502 and 503 of 2013.<\/p>\n<p>Transfer of certain functions of Health Service Executive<\/p>\n<p>82. \u2014(1) The administration and business in connection with the performance of any of the functions transferred by subsection (2) are transferred, on the establishment day, to the Agency.<\/p>\n<p>(2) The functions vested in the Health Service Executive by or under the enactments specified in Schedule 1 shall, on the establishment day, stand transferred to the Agency.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE 1<\/p>\n<p>Functions of Health Service Executive Transferred to Agency<\/p>\n<p>&#8230;<\/p>\n<p>Family Law Act 1995<\/p>\n<p>&#8230;<\/p>\n<p>C2<br \/>\nFunctions transferred and references to \u201cDepartment of Equality and Law Reform\u201d and \u201cMinister for Equality and Law Reform\u201d construed (8.07.1997) by Equality and Law Reform (Transfer of Departmental Administration and Ministerial Functions) Order 1997 (S.I. No. 297 of 1997), arts. 3, 4 and sch., in effect as per art. 1(2).<\/p>\n<p>3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Justice.<\/p>\n<p>(2) References to the Department of Equality and Law Reform contained in any Act or any instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Justice.<\/p>\n<p>4. (1) The functions vested in the Minister for Equality and Law Reform<\/p>\n<p>( a ) by or under any of the Acts mentioned in the Schedule to this Order, and<\/p>\n<p>( b ) by virtue of the Justice (Transfer of Departmental Administration and Ministerial Functions) Order, 1993 (S.I. No. 34 of 1993).<\/p>\n<p>are hereby transferred to the Minister for Justice.<\/p>\n<p>(2) References to the Minister for Equality and Law Reform contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Justice.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>Acts, functions under which are transferred from the Minister for Equality and Law Reform to the Minister for Justice.<\/p>\n<p>&#8230;<\/p>\n<p>Family Law Act 1995 (No. 26 of 1995)<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nAct included in definition of \u201cfamily law proceedings\u201d (1.01.2018) by Mediation Act 2017 (27\/2017), s. 2, S.I. No. 591 of 2017.<\/p>\n<p>E2<br \/>\nRights and incumbrances, for purposes of Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 117, confirmed to include claims under Act (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 117(4)(a), S.I. No. 356 of 2009.<\/p>\n<p>E3<br \/>\nCentral Authority authorised to act on behalf of a maintenance creditor under Act by Maintenance Act 1994 (28\/1994), s. 4(2)(a); as substituted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52\/1998), s. 22(2), S.I. No. 353 of 1999; and substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7\/2012), s. 2(1)(b), commenced on enactment.<\/p>\n<p>E4<br \/>\nCertain disposals made by virtue or in consequence of certain orders made under Act confirmed exempt from capital gains tax (1997-1998 onwards) by Taxes Consolidation Act 1997 (39\/1997), s. 1030, commenced as per s. 1097(1)(c); as amended (10.02.2000) by Finance Act 2000 (3\/2000), s. 88(1), commenced as per s. 88(2); and as amended (7.12.2005) by Finance Act 2006 (6\/2006), s. 75(1)(b), commenced as per s. 75(2).<\/p>\n<p>E5<br \/>\nExemption from deduction of income tax for payments made pursuant to an order under Act (other than under s. 12) provided (from year 1997-1998) by Taxes Consolidation Act 1997 (39\/1997), s. 1027, commenced as per s. 1097.<\/p>\n<p>PART I<\/p>\n<p>Preliminary and General<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Family Law Act, 1995.<\/p>\n<p>(2) (a) This Act shall come into operation on such day or days as, by order or orders made by the Minister for Equality and Law Reform under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.<\/p>\n<p>(b) An order under paragraph (a) relating to, or in so far as it relates to, section 32 shall not be made without the consent of the Minister for Health.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nPower pursuant to section exercised (1.08.1996) by Order Entitled Family Law Act 1995 (Commencement) Order 1996 (S.I. No. 46 of 1996).<\/p>\n<p>2. The 1st day of August, 1996 is hereby fixed as the day on which the Family Law Act, 1995 (No. 26 of 1995), shall come into operation.<\/p>\n<h4>Interpretation.<\/h4>\n<p>2.\u2014(1) In this Act, save where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1964\u201d means the Guardianship of Infants Act, 1964;<\/p>\n<p>\u201cthe Act of 1965\u201d means the Succession Act, 1965;<\/p>\n<p>\u201cthe Act of 1976\u201d means the Family Law (Maintenance of Spouses and Children) Act, 1976;<\/p>\n<p>F1[\u2026]<\/p>\n<p>\u201cthe Act of 1989\u201d means the Judicial Separation and Family Law Reform Act, 1989;<\/p>\n<p>F2[\u2026]<\/p>\n<p>F3[&#8220;Act of 2018&#8221; means the Domestic Violence Act 2018;]<\/p>\n<p>F4[&#8220;civil partnership&#8221; has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]<\/p>\n<p>F5[&#8220;cohabitant&#8221; shall be construed in accordance with section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and includes a former cohabitant;]<\/p>\n<p>\u201cconveyance\u201d includes a mortgage, lease, assent, transfer, disclaimer, release and any other disposition of property otherwise than by a will or a donatio mortis causa and also includes an enforceable agreement (whether conditional or unconditional) to make any such disposition;<\/p>\n<p>\u201cthe court\u201d shall be construed in accordance with section 38;<\/p>\n<p>\u201cdecree of judicial separation\u201d means a decree under section 3 of the Act of 1989;<\/p>\n<p>\u201cdecree of nullity\u201d means a decree granted by a court declaring a marriage to be null and void;<\/p>\n<p>\u201cdependent member of the family\u201d, in relation to a spouse, or the spouses, concerned, means any child\u2014<\/p>\n<p>(a) of both spouses or adopted by both spouses under the Adoption Acts, 1952 to 1991, or in relation to whom both spouses are in loco parentis, or<\/p>\n<p>(b) of either spouse or adopted by either spouse under those Acts or in relation to whom either spouse is in loco parentis, where the other spouse, being aware that he or she is not the parent of the child, has treated the child as a member of the family,<\/p>\n<p>who is under the age of 18 years or if the child has attained that age\u2014<\/p>\n<p>(i) is or will be or, if an order were made under this Act providing for periodical payments for the benefit of the child or for the provision of a lump sum for the child, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or<\/p>\n<p>(ii) has a mental or physical disability to such extent that it is not reasonably possible for the child to maintain himself or herself fully;<\/p>\n<p>\u201cfamily home\u201d has the meaning assigned to it by section 2 of the Family Home Protection Act, 1976, with the modification that the references to a spouse in that section shall be construed as references to a spouse within the meaning of this Act;<\/p>\n<p>\u201cfinancial compensation order\u201d has the meaning assigned to it by section 11;<\/p>\n<p>\u201cLand Registry\u201d and \u201cRegistry of Deeds\u201d have the meanings assigned to them by the Registration of Title Act, 1964;<\/p>\n<p>\u201clump sum order\u201d means an order under section 8 (1) (c);<\/p>\n<p>\u201cmaintenance pending suit order\u201d means an order under section 7;<\/p>\n<p>\u201cmaintenance pending relief order\u201d means an order under section 24;<\/p>\n<p>\u201cmember\u201d, in relation to a pension scheme, means any person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme;<\/p>\n<p>\u201cpension adjustment order\u201d means an order under section 12;<\/p>\n<p>\u201cpension scheme\u201d means\u2014<\/p>\n<p>(a) an occupational pension scheme (within the meaning of the Pensions Act, 1990), or<\/p>\n<p>(b) (i) an annuity contract approved by the Revenue Commissioners under section 235 of the Income Tax Act, 1967, or a contract so approved under section 235A of that Act,<\/p>\n<p>(ii) a trust scheme, or part of a trust scheme, so approved under subsection (4) of the said section 235 or subsection (5) of the said section 235A, or<\/p>\n<p>(iii) a policy or contract of assurance approved by the Revenue Commissioners under Chapter II of Part I of the Finance Act, 1972, or<\/p>\n<p>F6[(bb) a PRSA contract within the meaning of Part X of the Pensions Act, 1990, or]<\/p>\n<p>(c) any other scheme or arrangement (including a personal pension plan and a scheme or arrangement established by or pursuant to statute or instrument made under statute other than under the Social Welfare Acts) that provides or is intended to provide either or both of the following, that is to say:<\/p>\n<p>(i) benefits for a person who is a member of the scheme or arrangement (\u201cthe member\u201d) upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving, or upon the ceasing of, the relevant employment,<\/p>\n<p>(ii) benefits for the widow, widower or dependants of the member, or for any other persons, on the death of the member;<\/p>\n<p>\u201cperiodical payments order\u201d and \u201csecured periodical payments order\u201d have the meanings assigned to them by section 8 (1);<\/p>\n<p>\u201cproperty adjustment order\u201d has the meaning assigned to it by section 9;<\/p>\n<p>F4[&#8220;registration&#8221;, with respect to a civil partnership, includes entering into a relationship of a class of legal relationships that is the subject of an order made under section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;]<\/p>\n<p>\u201crelief order\u201d means an order under Part II made by virtue of section 23;<\/p>\n<p>\u201ctrustees\u201d, in relation to a scheme that is established under a trust, means the trustees of the pension scheme and, in relation to a pension scheme not so established, means the persons who administer the scheme.<\/p>\n<p>(2) In this Act, where the context so requires\u2014<\/p>\n<p>(a) a reference to a marriage includes a reference to a marriage that has been dissolved under the law of a country or jurisdiction other than the State,<\/p>\n<p>(b) a reference to a remarriage includes a reference to a marriage that takes place after a marriage that has been dissolved under the law of a country or jurisdiction other than the State,<\/p>\n<p>(c) a reference to a spouse includes a reference to a person who is a party to a marriage that has been dissolved under the law of a country or jurisdiction other than the State,<\/p>\n<p>(d) a reference to a family includes a reference to a family as respects which the marriage of the spouses concerned has been dissolved under the law of a country or jurisdiction other than the State,<\/p>\n<p>(e) a reference to an application to a court by a person on behalf of a dependent member of the family includes a reference to such an application by such a member and a reference to a payment, the securing of a payment, or the assignment of an interest, to a person for the benefit of a dependent member of the family includes a reference to a payment, the securing of a payment, or the assignment of an interest, to such a member,<\/p>\n<p>and cognate words shall be construed accordingly.<\/p>\n<p>(3) In this Act\u2014<\/p>\n<p>(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,<\/p>\n<p>(b) a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other enactment is intended,<\/p>\n<p>(c) a reference to a subsection, paragraph, subparagraph or clause is a reference to the subsection, paragraph, subparagraph or clause of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nDeleted (27.03.1996) by Domestic Violence Act 1996 (1\/1996), s. 21(a), commenced as per s. 25(1).<\/p>\n<p>F2<br \/>\nDeleted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(a)(i), S.I. No. 532 of 2018.<\/p>\n<p>F3<br \/>\nInserted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(a)(ii), S.I. No. 532 of 2018.<\/p>\n<p>F4<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 159, S.I. No. 648 of 2010.<\/p>\n<p>F5<br \/>\nInserted (18.01.2016) by Children and Family Relationships Act 2015 (9\/2015), s. 89, S.I. No. 12 of 2016.<\/p>\n<p>F6<br \/>\nInserted (7.11.2002) by Pensions (Amendment) Act 2002 (18\/2002), s. 57(1), S.I. No. 502 of 2002.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nReferences to adoptions and adopted persons under Adoption Acts 1952 to 1998 to be read as referring to adoptions and adopted persons made under Adoption Act 2010 as provided (1.11.2010) by Adoption Act 2010 (21\/2010), s. 156(1), S.I. No. 511 of 2010.<\/p>\n<p>References to adoptions, etc.<\/p>\n<p>156.\u2014(1) Every reference in any Act or in any instrument made under any Act, however expressed, to adoptions or adoption orders or adopted persons under any or all of the Adoption Acts 1952 to 1998 shall be read as a reference to adoptions or adoption orders made under this Act, or persons adopted under an adoption order made under this Act, as the case may be.<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nPrevious affecting provision: definition of \u201cAct of 1996\u201d inserted (27.03.1996) by Domestic Violence Act 1996 (1\/1996), s. 21(a), commenced as per s. 25(1); deleted as per F-note above.<\/p>\n<p>&nbsp;<\/p>\n<h4>Pension adjustment orders.<\/h4>\n<p>12.\u2014(1) In this section, save where the context otherwise requires\u2014<\/p>\n<p>\u201cthe Act of 1990\u201d means the Pensions Act, 1990;<\/p>\n<p>\u201cactive member\u201d, in relation to a scheme, means a member of the scheme who is in reckonable service;<\/p>\n<p>\u201cactuarial value\u201d means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of such benefit) under a scheme calculated by reference to appropriate financial assumptions and making due allowance for the probability of survival to normal pensionable age and thereafter in accordance with normal life expectancy on the assumption that the member concerned of the scheme, at the effective date of calculation, is in a normal state of health having regard to his or her age;<\/p>\n<p>\u201capproved arrangement\u201d, in relation to the trustees of a scheme, means an arrangement whereby the trustees, on behalf of the person for whom the arrangement is made, effect policies or contracts of insurance that are approved of by the Revenue Commissioners with, and make the appropriate payments under the policies or contracts to, one or more undertakings;<\/p>\n<p>\u201ccontingent benefit\u201d means a benefit payable under a scheme, other than a payment under subsection (7) to or for one or more of the following, that is to say, the widow or the widower and any dependants of the member spouse concerned and the personal representative of the member spouse, if the member spouse dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the scheme;<\/p>\n<p>F19[&#8220;defined contribution scheme&#8221; has the same meaning as in the Pensions Act 1990;]<\/p>\n<p>\u201cdesignated benefit\u201d, in relation to a pension adjustment order, means an amount determined by the trustees of the scheme concerned, in accordance with relevant guidelines, and by reference to the period and the percentage of the retirement benefit specified in the order concerned under subsection (2);<\/p>\n<p>\u201cmember spouse\u201d, in relation to a scheme, means a spouse who is a member of the scheme;<\/p>\n<p>\u201cnormal pensionable age\u201d means the earliest age at which a member of a scheme is entitled to receive benefits under the rules of the scheme on retirement from relevant employment, disregarding any such rules providing for early retirement on grounds of ill health or otherwise;<\/p>\n<p>\u201coccupational pension scheme\u201d has the meaning assigned to it by section 2 (1) of the Act of 1990;<\/p>\n<p>\u201creckonable service\u201d means service in relevant employment during membership of any scheme;<\/p>\n<p>\u201crelevant guidelines\u201d means any relevant guidelines for the time being in force under F20[paragraph (c) or (cc) of section 10 (1)] of the Act of 1990;<\/p>\n<p>\u201crelevant employment\u201d, in relation to a scheme, means any employment (or any period treated as employment) or any period of self employment to which a scheme applies;<\/p>\n<p>\u201cretirement benefit\u201d, in relation to a scheme, means all benefits (other than contingent benefits) payable under the scheme;<\/p>\n<p>\u201crules\u201d, in relation to a scheme, means the provisions of the scheme, by whatever name called;<\/p>\n<p>\u201cscheme\u201d means a pension scheme;<\/p>\n<p>\u201ctransfer amount\u201d shall be construed in accordance with subsection (4);<\/p>\n<p>\u201cundertaking\u201d has the meaning assigned to it by the Insurance Act, 1989.<\/p>\n<p>(2) Subject to the provisions of this section, where a decree of judicial separation (\u201cthe decree\u201d) has been granted, the court, if it so thinks fit, may, in relation to retirement benefit under a scheme of which one of the spouses concerned is a member, on application to it in that behalf at the time of the making of the order for the decree or at any time thereafter during the lifetime of the member spouse by either of the spouses or by a person on behalf of a dependent member of the family, make an order providing for the payment, in accordance with the provisions of this section, to either of the following, as the court may determine, that is to say:<\/p>\n<p>(a) the other spouse and, in the case of the death of that spouse, his or her personal representative, and<\/p>\n<p>(b) such person as may be specified in the order for the benefit of a person who is, and for so long only as he or she remains, a dependent member of the family,<\/p>\n<p>of a benefit consisting, either, as the court may determine, of the whole, or such part as the court considers appropriate, of that part of the retirement benefit that is payable (or which, but for the making of the order for the decree, would have been payable) under the scheme and has accrued at the time of the making of the order for the decree and, for the purpose of determining the benefit, the order shall specify\u2014<\/p>\n<p>(i) the period of reckonable service of the member spouse prior to the granting of the decree to be taken into account, and<\/p>\n<p>(ii) the percentage of the retirement benefit accrued during that period to be paid to the person referred to in paragraph (a) or (b), as the case may be.<\/p>\n<p>(3) Subject to the provisions of this section, where a decree of judicial separation (\u201cthe decree\u201d) has been granted, the court, if it so thinks fit, may, in relation to a contingent benefit under a scheme of which one of the spouses concerned is a member, on application to it in that behalf not more than one year after the making of the order for the decree by either of the spouses or by a person on behalf of a dependent member of the family concerned, make an order providing for the payment, upon the death of the member spouse, to either of the following, or to both of them in such proportions as the court may determine, that is to say:<\/p>\n<p>(a) the other spouse, and<\/p>\n<p>(b) such person as may be specified in the order for the benefit of a dependent member of the family,<\/p>\n<p>of, either, as the court may determine, the whole, or such part (expressed as a percentage) as the court considers appropriate, of that part of any contingent benefit that is payable (or which, but for the making of the order for the decree, would have been payable) under the scheme.<\/p>\n<p>(4) Where the court makes an order under subsection (2) in favour of a spouse and payment of the designated benefit concerned has not commenced, the spouse in whose favour the order is made shall be entitled to the application in accordance with subsection (5) of an amount of money from the scheme concerned (in this section referred to as a \u201ctransfer amount\u201d) equal to the value of the designated benefit, such amount being determined by the trustees of the scheme in accordance with relevant guidelines.<\/p>\n<p>(5) Subject to subsection (17), where the court makes an order under subsection (2) in favour of a spouse and payment of the designated benefit concerned has not commenced, the trustees of the scheme concerned shall, for the purpose of giving effect to the order\u2014<\/p>\n<p>(a) on application to them in that behalf at the time of the making of the order or at any time thereafter by the spouse in whose favour the order was made (\u201cthe spouse\u201d), and<\/p>\n<p>(b) on the furnishing to them by the spouse of such information as they may reasonably require,<\/p>\n<p>apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines either\u2014<\/p>\n<p>(i) if the trustees and the spouse so agree, in providing a benefit for or in respect of the spouse under the scheme aforesaid that is of the same actuarial value as the transfer amount concerned, or<\/p>\n<p>(ii) in making a payment either to\u2014<\/p>\n<p>(I) such other occupational pension scheme, being a scheme the trustees of which agree to accept the payment, or<\/p>\n<p>(II) in the discharge of any payment falling to be made by the trustees under any such other approved arrangement,<\/p>\n<p>as may be determined by the spouse.<\/p>\n<p>(6) Subject to subsection (17), where the court makes an order under subsection (2) in relation to a defined contribution scheme and an application has not been brought under subsection (5), the trustees of the scheme may, for the purpose of giving effect to the order, if they so think fit, apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines in making a payment to\u2014<\/p>\n<p>(a) such other occupational pension scheme, being a scheme the trustees of which agree to accept the payment, or<\/p>\n<p>(b) in the discharge of any payment falling to be made by the trustees under such other approved arrangement,<\/p>\n<p>as may be determined by the trustees.<\/p>\n<p>(7) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2), and<\/p>\n<p>(b) the member spouse concerned dies before payment of the designated benefit concerned has commenced,<\/p>\n<p>the trustees shall, for the purpose of giving effect to the order, within 3 months of the death of the member spouse, provide for the payment to the person in whose favour the order is made of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.<\/p>\n<p>(8) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2), and<\/p>\n<p>(b) the member spouse concerned ceases to be a member of the scheme otherwise than on death,<\/p>\n<p>the trustees may, for the purpose of giving effect to the order, if they so think fit, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines either, as the trustees may determine\u2014<\/p>\n<p>(i) if the trustees and the person in whose favour the order is made (\u201cthe person\u201d) so agree, in providing a benefit for or in respect of the person under the scheme aforesaid that is of the same actuarial value as the transfer amount concerned, or<\/p>\n<p>(ii) in making a payment, either to\u2014<\/p>\n<p>(I) such other occupational pension scheme, being a scheme the trustees of which agree to accept the payment, or<\/p>\n<p>(II) in the discharge of any payment falling to be made under such other approved arrangement,<\/p>\n<p>as may be determined by the trustees.<\/p>\n<p>(9) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) in favour of a spouse (\u201cthe spouse\u201d), and<\/p>\n<p>(b) the spouse dies before payment of the designated benefit has commenced,<\/p>\n<p>the trustees shall, within 3 months of the death of the spouse, provide for the payment to the personal representative of the spouse of an amount equal to the transfer amount calculated in accordance with relevant guidelines.<\/p>\n<p>(10) Subject to subsection (17), where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) in favour of a spouse (\u201cthe spouse\u201d), and<\/p>\n<p>(b) the spouse dies after payment of the designated benefit has commenced,<\/p>\n<p>the trustees shall, within 3 months of the death of the spouse, provide for the payment to the personal representative of the spouse of an amount equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit which, but for the death of the spouse, would have been payable to the spouse during the lifetime of the member spouse.<\/p>\n<p>(11) Where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) for the benefit of a dependent member of the family (\u201cthe person\u201d), and<\/p>\n<p>(b) the person dies before payment of the designated benefit has commenced,<\/p>\n<p>the order shall cease to have effect in so far as it relates to that person.<\/p>\n<p>(12) Where\u2014<\/p>\n<p>(a) the court makes an order under subsection (2) or (3) in relation to an occupational pension scheme, and<\/p>\n<p>(b) the trustees of the scheme concerned have not applied the transfer amount concerned in accordance with subsection (5), (6), (7), (8) or (9), and<\/p>\n<p>(c) after the making of the order, the member spouse ceases to be an active member of the scheme,<\/p>\n<p>the trustees shall, within 12 months of the cessation, notify the registrar or clerk of the court concerned and the other spouse of the cessation.<\/p>\n<p>(13) Where the trustees of a scheme apply a transfer amount under subsection (6) or (8), they shall notify the spouse (not being the spouse who is the member spouse) or other person concerned and the registrar or clerk of the court concerned of the application and shall give to that spouse or other person concerned particulars of the scheme or undertaking concerned and of the transfer amount.<\/p>\n<p>(14) Where the court makes an order under subsection (2) or (3) for the payment of a designated benefit or a contingent benefit, as the case may be, the benefit shall be payable or the transfer amount concerned applied out of the resources of the scheme concerned and, unless otherwise provided for in the order or relevant guidelines, shall be payable in accordance with the rules of the scheme or, as the case may be, applied in accordance with relevant guidelines.<\/p>\n<p>(15) Where the court makes an order under subsection (2), the amount of the retirement benefit payable, in accordance with the rules of the scheme concerned to, or to or in respect of, the member spouse shall be reduced by the amount of the designated benefit payable pursuant to the order.<\/p>\n<p>(16) (a) Where the court makes an order under subsection (3), the amount of the contingent benefit payable, in accordance with the rules of the scheme concerned in respect of the member spouse shall be reduced by an amount equal to the contingent benefit payable pursuant to the order.<\/p>\n<p>(b) Where the court makes an order under subsection (2) and the member spouse concerned dies before payment of the designated benefit concerned has commenced, the amount of the contingent benefit payable in respect of the member spouse in accordance with the rules of the scheme concerned shall be reduced by the amount of the payment made under subsection (7).<\/p>\n<p>(17) Where, pursuant to an order under subsection (2), the trustees of a scheme make a payment or apply a transfer amount under subsections (5), (6), (7), (8), (9) or (10), they shall be discharged from any obligation to make any further payment or apply any transfer amount under any other of those subsections in respect of the benefit payable pursuant to the order.<\/p>\n<p>(18) A person who makes an application under subsection (2) or (3) or an application for an order under section 18 (2) in relation to an order under subsection (2) shall give notice thereof to the trustees of the scheme concerned and, in deciding whether to make the order concerned and in determining the provisions of the order, the court shall have regard to any representations made by any person to whom notice of the application has been given under this section or section F20[40].<\/p>\n<p>(19) An order under subsection (3), shall cease to have effect on the death or remarriage F21[or registration in a civil partnership] of the person in whose favour it was made in so far as it relates to that person.<\/p>\n<p>(20) The court may, in a pension adjustment order or by order made under this subsection after the making of a pension adjustment order, give to the trustees of the scheme concerned such directions as it considers appropriate for the purposes of the pension adjustment order including directions compliance with which occasions non-compliance with the rules of the scheme concerned or the Act of 1990; and a trustee of a scheme shall not be liable in any court or other tribunal for any loss or damage caused by his or her non-compliance with the rules of the scheme or with the Act of 1990 if the non-compliance was occasioned by his or her compliance with a direction of the court under this section.<\/p>\n<p>(21) The registrar or clerk of the court concerned shall cause a copy of a pension adjustment order to be served on the trustees of the scheme concerned.<\/p>\n<p>(22) (a) Any costs incurred by the trustees of a scheme under subsection (18) or in complying with a pension adjustment order or a direction under subsection (20) or (25) shall be borne, as the court may determine, by the member spouse or by the other person concerned or by both of them in such proportion as the court may determine and, in the absence of such determination, those costs shall be borne by them equally.<\/p>\n<p>(b) Where a person fails to pay an amount in accordance with paragraph (a) to the trustees of the scheme concerned, the court may, on application to it in that behalf by the trustees, order that the amount be deducted from the amount of any benefit payable to the person under the scheme or pursuant to an order under subsection (2) or (3) and be paid to the trustees.<\/p>\n<p>(23) (a) The court shall not make a pension adjustment order if the spouse who applies for the order has remarried F21[or registered in a civil partnership].<\/p>\n<p>(b) The court may make a pension adjustment order in addition to or in substitution in whole or in part for an order or orders under section 8, 9, 10 or 11 and, in deciding whether or not to make a pension adjustment order, the court shall have regard to the question whether F22[proper provision, having regard to the circumstances,] exists or can be made for the spouse concerned or the dependent member of the family concerned by an order or orders under any of those sections.<\/p>\n<p>(24) Section 54 of the Act of 1990 and any regulations under that section shall apply with any necessary modifications to a scheme if proceedings for the grant of a decree of judicial separation to which a member spouse is a party have been instituted and shall continue to apply notwithstanding the grant of a decree of judicial separation in the proceedings.<\/p>\n<p>(25) For the purposes of this Act, the court may, of its own motion, and shall, if so requested by either of the spouses concerned or any other person concerned, direct the trustees of the scheme concerned to provide the spouses or that other person and the court, within a specified period of time\u2014<\/p>\n<p>(a) with a calculation of the value and the amount, determined in accordance with relevant guidelines, of the retirement benefit, or contingent benefit, concerned that is payable (or which, but for the making of the order for the decree of judicial separation concerned, would have been payable) under the scheme and has accrued at the time of the making of that order, and<\/p>\n<p>(b) with a calculation of the amount of the contingent benefit concerned that is payable (or which, but for the making of the order for the decree of judicial separation concerned, would have been payable) under the scheme.<\/p>\n<p>(26) An order under this section may restrict to a specified extent or exclude the application of section 18 in relation to the order.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nSubstituted (14.04.2008) by Social Welfare and Pensions Act 2008 (2\/2008), s. 30, S.I. No. 84 of 2008.<\/p>\n<p>F20<br \/>\nSubstituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(e), commenced as per s. 1(2).<\/p>\n<p>F21<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 163, S.I. No. 648 of 2010.<\/p>\n<p>F22<br \/>\nSubstituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(d), commenced as per s. 1(2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E15<br \/>\nInformation to be furnished in relation to pension adjustment orders prescribed (27.04.2007) by Trust Racs (Disclosure of Information) Regulations 2007 (S.I. No. 182 of 2007), reg. 14, in effect as per reg. 1(2).<\/p>\n<p>E16<br \/>\nInformation to be furnished in relation to pension adjustment orders prescribed (1.01.2007) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006), reg. 17, in effect as per reg. 1(2)(c), as amended (12.06.2012) by Occupational Pension Schemes (Disclosure of Information) (Amendment) (No. 3) Regulations 2012 (S.I. No. 203 of 2012), reg. 3(h).<\/p>\n<p>E17<br \/>\nMinister granted power to make regulations specifying guidelines for the purposes of section by Pensions Act 1990 (25\/1990), s. 5(4), as inserted (2.07.1996) by Pensions (Amendment) Act 1996 (18\/1996), s. 4, commenced on enactment, and amended (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 47(a) and (b), commenced as per s. 1(2), and amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 148, S.I. No. 648 of 2010. Power to make regulations under Pensions Act 1990 (25\/1990), s. 5, as amended, was exercised (18.07.2012) by Pension Schemes (Family Law) (Amendment) Regulations 2012 (S.I. No. 254 of 2012) and (27.02.1997) by Pension Schemes (Family Law) Regulations 1997 (S.I. No. 107 of 1997).<\/p>\n<p>E18<br \/>\nPensions Board allocated function to issue guidelines or guidance notes generally on the operation of Pensions Act 1990 (25\/1990) and on the provisions of this Act relating to pension schemes (within the meaning of s. 2) by Pensions Act 1990 (25\/1990), s. 10(1)(cc), as inserted (2.07.1996) by Pensions (Amendment) Act 1996 (18\/1996), s. 5, commenced on enactment, and substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 47(c), commenced as per s. 1(2), and amended (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 148, S.I. No. 648 of 2010.<\/p>\n<p>E19<br \/>\nPrevious affecting provision: information to be furnished in relation to pension adjustment orders prescribed (1.01.2007) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2005 (S.I. No. 633 of 2005), reg. 17, in effect as per reg. 1(2)(d); revoked (1.06.2006) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006), reg. 2(2), in effect as per reg. 1(2)(b).<\/p>\n<p>E20<br \/>\nPrevious affecting provision: guidelines for calculating actuarial values and amounts referred to in section prescribed (30.01.1997) by Occupational Pension Scheme (Family Law Act 1995) Regulations 1997 (S.I. No. 64 of 1997), in effect as per reg. 2; revoked (27.02.1997) by Pension Schemes (Family Law) Regulations 1997 (S.I. No. 107 of 1997), reg. 2, in effect as per reg. 1(2).<\/p>\n<p>E21<br \/>\nPrevious affecting provision: information to be furnished in relation to pension adjustment orders prescribed (1.10.1998) by Occupational Pension Schemes (Disclosure of Information) (No. 2) Regulations 1998 (S.I. No. 349 of 1998), reg. 15, in effect as per reg. 1(2)(a); revoked (1.01.2007) by Occupational Pension Schemes (Disclosure Of Information) Regulations 2006 (S.I. No. 301 of 2006), reg. 2(1)(c), in effect as per reg. 2(1)(c).<\/p>\n<h4>Preservation of pension entitlements after judicial separation.<\/h4>\n<p>13.\u2014(1) Subject to the provisions of this section, on granting a decree of judicial separation or at any time thereafter, the court may, in relation to a pension scheme, on application to it in that behalf by either of the spouses concerned, make during the lifetime of the spouse who is a member of the scheme (\u201cthe member spouse\u201d) an order directing the trustees of the scheme not to regard the separation of the spouses resulting from the decree as a ground for disqualifying the other spouse for the receipt of a benefit under the scheme a condition for the receipt of which is that the spouses should be residing together at the time the benefit becomes payable.<\/p>\n<p>(2) Notice of an application under subsection (1) shall be given by the spouse concerned to the trustees of the pension scheme concerned and, in deciding whether to make an order under subsection (1), the court shall have regard to any representations made by any person to whom notice of the application has been given under this section or section 40.<\/p>\n<p>(3) Any costs incurred by the trustees of a pension scheme under subsection (2) or in complying with an order under subsection (1) shall be borne, as the court may determine, by either of the spouses concerned or by both of the spouses and in such proportion and manner as the court may determine.<\/p>\n<p>(4) The court may make an order under this section in addition to or in substitution in whole or in part for orders under sections 8 to 11 and, in deciding whether or not to make such an order, it shall have regard to the question whether adequate and reasonable financial provision exists or can be made for the spouse concerned by orders under those sections.<\/p>\n<p>home.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11506\" data-postid=\"11506\" class=\"themify_builder_content themify_builder_content-11506 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Orders In the context of judicial separation or divorce, a pension adjustment may be made for the benefit of an applicant spouse on behalf of the dependent family members. The order may be granted at the time of judicial separation or divorce or anytime afterwards. 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