{"id":11534,"date":"2022-04-25T19:20:51","date_gmt":"2022-04-25T19:20:51","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11534"},"modified":"2024-03-12T23:24:11","modified_gmt":"2024-03-12T23:24:11","slug":"asset-division-criteria","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/asset-division-criteria\/","title":{"rendered":"Asset Division Criteria"},"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\/asset-division-criteria\/#Broad_Criteria\" title=\"Broad Criteria\">Broad Criteria<\/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\/asset-division-criteria\/#Reduced_Living_Standards\" title=\"Reduced Living Standards\">Reduced Living Standards<\/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\/asset-division-criteria\/#Age_Length_of_Marriage\" title=\"Age &amp; Length of Marriage\">Age &amp; Length of Marriage<\/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\/asset-division-criteria\/#Contributions_Made\" title=\"Contributions Made\">Contributions Made<\/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\/asset-division-criteria\/#Earning_Capacity\" title=\"Earning Capacity\">Earning Capacity<\/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\/asset-division-criteria\/#Conduct\" title=\"Conduct\">Conduct<\/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\/asset-division-criteria\/#Family_Home\" title=\"Family Home\">Family Home<\/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\/asset-division-criteria\/#Loss_of_Pension_Rights\" title=\"Loss of Pension Rights\">Loss of Pension Rights<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/#Rights_of_Third_Parties\" title=\"Rights of Third Parties\">Rights of Third Parties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/#Separation_Agreement\" title=\"Separation Agreement\">Separation Agreement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/#Pre-Nuptial_Agreements\" title=\"Pre-Nuptial Agreements\">Pre-Nuptial Agreements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/#Courts_Approach\" title=\"Courts Approach\">Courts Approach<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/#Orders_for_Dependants\" title=\"Orders for Dependants\">Orders for Dependants<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-15\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-16\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Preliminary_orders_in_proceedings_for_divorce\" title=\"Preliminary orders in proceedings for divorce.\">Preliminary orders in proceedings for divorce.<\/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\/asset-division-criteria\/2\/#Maintenance_pending_suit_orders\" title=\"Maintenance pending suit orders.\">Maintenance pending suit orders.<\/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\/asset-division-criteria\/2\/#Periodical_payments_and_lump_sum_orders\" title=\"Periodical payments and lump sum orders.\">Periodical payments and lump sum orders.<\/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\/asset-division-criteria\/2\/#Property_adjustment_orders\" title=\"Property adjustment orders.\">Property adjustment orders.<\/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\/asset-division-criteria\/2\/#Miscellaneous_ancillary_orders\" title=\"Miscellaneous ancillary orders.\">Miscellaneous ancillary orders.<\/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\/asset-division-criteria\/2\/#Financial_compensation_orders\" title=\"Financial compensation orders.\">Financial compensation orders.<\/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\/asset-division-criteria\/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-23\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Orders_for_provision_for_spouse_out_of_estate_of_other_spouse\" title=\"Orders for provision for spouse out of estate of other spouse.\">Orders for provision for spouse out of estate of other spouse.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Orders_for_sale_of_property\" title=\"Orders for sale of property.\">Orders for sale of property.<\/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\/asset-division-criteria\/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-26\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-27\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-28\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-29\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-30\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-31\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-32\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-33\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-34\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-35\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-36\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-37\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-38\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Repeals\" title=\"Repeals.\">Repeals.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Preliminary_and_Ancillary_Orders_in_or_after_Proceedings_for_Judicial_Separation\" title=\"Preliminary and Ancillary Orders in or after Proceedings for Judicial Separation\">Preliminary and Ancillary Orders in or after Proceedings for Judicial Separation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Application_sections_6_to_14\" title=\"Application (sections 6 to 14).\">Application (sections 6 to 14).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Preliminary_orders_in_proceedings_for_judicial_separation\" title=\"Preliminary orders in proceedings for judicial separation.\">Preliminary orders in proceedings for judicial separation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Periodical_payments_and_lump_sum_orders-2\" title=\"Periodical payments and lump sum orders.\">Periodical payments and lump sum orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Property_adjustment_orders-2\" title=\"Property adjustment orders.\">Property adjustment orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Miscellaneous_ancillary_orders-2\" title=\"Miscellaneous ancillary orders.\">Miscellaneous ancillary orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Financial_compensation_orders-2\" title=\"Financial compensation orders.\">Financial compensation orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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-47\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/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><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Orders_extinguishing_succession_rights_on_judicial_separation\" title=\"Orders extinguishing succession rights on judicial separation.\">Orders extinguishing succession rights on judicial separation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Orders_for_provision_for_spouse_out_of_estate_of_other_spouse-2\" title=\"Orders for provision for spouse out of estate of other spouse.\">Orders for provision for spouse out of estate of other spouse.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Provisions_relating_to_certain_orders_under_sections_7_to_13_and_18\" title=\"Provisions relating to certain orders under sections 7 to 13 and 18.\">Provisions relating to certain orders under sections 7 to 13 and 18.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Retrospective_periodical_payments_orders-2\" 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-52\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Variation_etc_of_certain_orders_under_this_Part-2\" 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-53\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Restriction_in_relation_to_orders_for_benefit_of_dependent_members_of_the_family\" title=\"Restriction in relation to orders for benefit of dependent members of the family.\">Restriction in relation to orders for benefit of dependent members of the family.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Transmission_of_periodical_payments_through_District_Court_clerk-2\" 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-55\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Application_of_maintenance_pending_suit_and_periodical_payment_orders_to_certain_members_of_Defence_Forces-2\" 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-56\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Amendment_of_Enforcement_of_Court_Orders_Act_1940-2\" title=\"Amendment of Enforcement of Court Orders Act, 1940.\">Amendment of Enforcement of Court Orders Act, 1940.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Relief_after_Divorce_or_Separation_Outside_State\" title=\"Relief after Divorce or Separation Outside State\">Relief after Divorce or Separation Outside State<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Relief_orders_where_marriage_dissolved_or_spouses_legally_separated_outside_State\" title=\"Relief orders where marriage dissolved, or spouses legally separated outside State.\">Relief orders where marriage dissolved, or spouses legally separated outside State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Maintenance_pending_relief_orders\" title=\"Maintenance pending relief orders.\">Maintenance pending relief orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Orders_for_provision_for_spouse_out_of_estate_of_other_spouse-3\" title=\"Orders for provision for spouse out of estate of other spouse.\">Orders for provision for spouse out of estate of other spouse.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Appropriateness_of_making_relief_orders_in_State\" title=\"Appropriateness of making relief orders in State.\">Appropriateness of making relief orders in State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Jurisdiction_of_court_to_make_relief_orders\" title=\"Jurisdiction of court to make relief orders.\">Jurisdiction of court to make relief orders.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/asset-division-criteria\/2\/#Restriction_of_jurisdiction_of_court_to_make_relief_orders\" title=\"Restriction of jurisdiction of court to make relief orders.\">Restriction of jurisdiction of court to make relief orders.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Broad_Criteria\"><\/span>Broad Criteria<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The judicial separation and divorce legislation set out broadly equivalent criteria to guide the courts in the exercise of their powers for the division of assets on judicial separation and divorce.\u00a0The court is to have regard to the income, earning capacity, property and other financial resources which each spouse has or is likely to have in the foreseeable future. All income earned and unearned as well as the capacity to earn is considered.<\/p>\n<p>All assets, including land, buildings, investments, and personal possessions, are considered. The courts may have regard to or disregard prospective inheritance as the circumstances require.<\/p>\n<p>They consider the financial needs, obligations and responsibilities which each spouse has or is likely to have in the future, whether in the case of remarriage or otherwise. They take into account both short-term and long-term considerations, ranging from general maintenance expenses to long-term costs such as the purchase of a home.<\/p>\n<p>Any physical or mental disability is relevant. It may give rise to special needs. Possible limitations may arise in employment. One spouse may need special care or accommodation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reduced_Living_Standards\"><\/span>Reduced Living Standards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The standard of living enjoyed by the family before the proceedings were instituted, or the separation as the case may be, is considered. The court will endeavour in so far as possible to ensure that parties have a lifestyle commensurate with that available to their partner or to which they were used to.<\/p>\n<p>However, in most cases, separation will necessitate a diminution in living standards. Where families are wealthy, it may be possible to maintain the pre-existing lifestyles. In other cases, the courts will endeavour to ensure the same standard of living for both spouses in so far as possible.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Age_Length_of_Marriage\"><\/span>Age &amp; Length of Marriage<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts have regard to the age of the spouses and the length of time they have lived together. Age may bear upon the possibility of future employment.<\/p>\n<p>The longer the marriage, the more likely partners have changed their position, abandoned careers or foregone the opportunity to pursue a career, etc. In the case of a short marriage, one spouse\u2019s input into building assets and wealth may be minimal. A long-lasting marriage is likely to be subject to a higher return than a shorter marriage.<\/p>\n<p>Where there has been a long partnership based on one partner building up a business and the other working in the home over a long number of years, a broadly equal division or something approximating to it is more likely, particularly when the partner who has remained at home is not in a position to earn a living.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Contributions_Made\"><\/span>Contributions Made<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The contribution that each spouse has made or is likely to make in the foreseeable future to the welfare of the family is considered. This may include balancing such as relative contributions made, income-earning capacity, property and financial resources on the part of one spouse and the relative contribution made by the other in looking after the home or caring for the family.<\/p>\n<p>A value is placed on the stay-at-home spouse who devotes him or herself to the welfare of the home or family. This accords with Article 41.2 of one of the Constitution, which recognises the role of the spouse (the woman) working in the home.<\/p>\n<p>The courts have, in cases of high-network individuals, emphasised the importance of spousal support in the home while the other spouse has built up wealth and assets. They consider the effect on the earning capacity of each of the spouses of the marital responsibilities assumed by each during the period when they lived together.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Earning_Capacity\"><\/span>Earning Capacity<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts have particular regard to the degree to which the future earning capacity of the spouse is impaired by reason of that spouse having relinquished or foregone the opportunity to pursue earning activity in order to look after the home or care for the family.<\/p>\n<p>Where one spouse has given up a career to devote him or herself to the home or care of the family, regard may be had to this foregone opportunity. This may have an effect on the earning capacity of that spouse relative to what he or she might otherwise have had.<\/p>\n<p>Regard is had to any income or benefits to which either spouse is entitled by statute. This includes social welfare and other benefits.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conduct\"><\/span>Conduct<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regard is had to the conduct of the spouses if that conduct is such that, in the opinion of the court, it would, in the circumstances, be unjust to ignore it.<\/p>\n<p>Judicial separation and divorce legislation applies, broadly speaking, on a non-fault basis. The division of assets is not a reward for good behaviour or a punishment for bad behaviour. However, in certain exceptional circumstances, the conduct of the parties may be a factor. In some cases, extramarital affairs or misconduct may be ignored, while in other cases where they have a serious impact regard may be had to them.<\/p>\n<p>Regard may be had to the financial conduct of the parties. If one spouse has hidden or transferred assets, flittered assets away or acted recklessly or extravagantly, then regard may be had to this in the distribution of assets. In particular, if both parties have assets, the court may reflect this in the order made.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Family_Home\"><\/span>Family Home<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The family home will often be the principal asset.\u00a0 In some cases, the courts may order its sale and the division of the proceeds. In other cases, it may be possible to postpone sales or it may be required to be transferred to one spouse. The accommodation needs of the spouses are usually important.<\/p>\n<p>Divorce or judicial separation will almost invariably require new separate accommodations for two separate households. If one spouse has custody of the children, that spouse may require more accommodation and will often be allowed to stay in the family home. This may continue during the dependency of children or longer.<\/p>\n<p>In some cases where formerly wealthy parties found themselves in substantial negative equity, the courts transferred the family home. Such transfer would not be a disposition to defeat creditors. Family law orders cannot reduce secured debt.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Loss_of_Pension_Rights\"><\/span>Loss of Pension Rights<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Regard is had to the value to each of the spouses of any benefit (e.g. pension benefit) which, by reason of the divorce or judicial separation, one spouse might forfeit the possibility of acquiring and in which the other spouse may acquire an exclusive interest.<\/p>\n<p>This may cover benefits that the spouse would otherwise have had but for the divorce or judicial separation. An order can be made dividing interest in a pension fund.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rights_of_Third_Parties\"><\/span>Rights of Third Parties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Account is taken of the rights of any other relevant person, including a person whom the spouse has remarried. Where a spouse has remarried, he or she will have obligations to that party.<\/p>\n<p>Generally priority should be given to the needs of the former spouse and children. However, the responsibilities to a new partner and spouse cannot be ignored.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Separation_Agreement\"><\/span>Separation Agreement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court may have regard to an existing separation agreement. The court is not precluded from making orders in\u00a0 divorce or judicial separation proceedings which are contrary to the terms of the agreement. However, the contents of the agreement are a significant consideration. The more recent the agreement, the more relevant it will be.<\/p>\n<p>An agreement negotiated at arm&#8217;s length will be given greater weight. Conversely, less weight will be given to an older agreement, in particular where circumstances have changed substantially.<\/p>\n<p>Where spouses have been separated for many years, and one spouse has become considerably wealthier and has greater income, the courts may allow the other spouse to share in the improved position. The disparity may be particularly pointed where the spouse has disclaimed Succession Act rights.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Pre-Nuptial_Agreements\"><\/span>Pre-Nuptial Agreements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The courts may make a consent order embodying the terms of a settlement agreement. The court will not necessarily approve the settlement without reviewing the statutory guidelines. However, if it has been properly made and agreed at arm&#8217;s length with proper advice, the court will generally approve the settlement.<\/p>\n<p>A prenuptial agreement is an agreement entered before marriage. Prenuptial agreements are granted greater significance in other jurisdictions than in Ireland.<\/p>\n<p>Historically, the common law did not favour prenuptial agreements as they tended to undermine the marriage itself, being in contemplation of separation. More weight was given to post-marriage agreements.<\/p>\n<p>In recent times, this view has become less relevant. The UK Supreme Court has held that it should no longer apply.\u00a0 Regard should therefore be had to the prenuptial agreement, under this approach.<\/p>\n<p>In considering the weight to be given to the prenuptial agreement, the courts will have regard to how old it is, its fairness, whether it was negotiated at arm&#8217;s length and the reasons and purposes for entering it.<\/p>\n<p>Prenuptial agreements cannot affect the rights and needs of children.<\/p>\n<p>The UK courts will now give considerable weight to a freely negotiated prenuptial agreement unless it is unfair to do so. It is not clear whether the Irish courts will take the same approach as the UK Supreme Court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Courts_Approach\"><\/span>Courts Approach<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The court has wide discretion as to how and to what extent it may make orders dividing assets. The criteria are very general, and each case will be different. The courts are to have regard to the particular circumstances. The court should set out in its judgement the reasons why particular weight is given to a particular factor.<\/p>\n<p>The courts attempt to ensure that in so far as possible, the spouses will enjoy the standard of living they enjoyed during the marriage. Where there are very significant assets available, which exceed any day-to-day needs, a substantial lump sum may be appropriate to secure this objective. This will not be possible in most cases.<\/p>\n<p>The Supreme Court, in an important case in 2003, highlighted that those clean break principles which are favoured to a great extent in the UK, may be possible to apply in some cases by way of a lump sum order. The view had been taken by the High Court judge that the Irish legislation did not facilitate a clean break.<\/p>\n<p>The Supreme Court held that where, as in this case, the parties desired to finalise their affairs in so far as possible, the court could make an order with a view to finalising affairs as such. This could not preclude fresh applications but would minimise the possibilities of such.<\/p>\n<p>The Supreme Court indicated that the Irish legislation did not provide for the automatic division of assets. It provides for provision rather than division. There are no target percentages. It was indicated that where there was ample resources, a figure of one-third of the net assets might be a useful benchmark of fairness. However this is far from prescriptive. In cases where such a division would require a sale of the family business, this may not be appropriate.<\/p>\n<p>In another case of ample means where the husband had inherited a very substantial sum of money, significant provision was made for the spouse by way of capital payment for accommodation and future annual income. This amounted in the circumstance to no more than about 20% of the assets, between 10% capital provision and an annual payment of 1%of the asset. The court was of the view that this was appropriate so as to avoid an immediate sale and enable the husband to continue in business on the lands concerned.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Orders_for_Dependants\"><\/span>Orders for Dependants<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Orders may be made both in favour of spouses and dependent family members\/children. A dependent member of the family is a child under 18 or under 23 if in full-time education. A child may be dependent for life if he has a mental or physical disability and is unable to maintain himself.<\/p>\n<p>In exercising these powers in relation to such provision, the criteria set out above, save those in relation to conduct etc, are considered. They include:<\/p>\n<ul>\n<li>the financial needs of the family member<\/li>\n<li>the income, earning capacity, property and financial resources of the member<\/li>\n<li>physical and mental disability<\/li>\n<li>incomes and benefits to which he is entitled by statute<\/li>\n<li>the manner in which the member was being and which the spouse concerned anticipated that the member would be educated or trained<\/li>\n<li>income and earning capacity of both spouses,<\/li>\n<li>needs, obligations and responsibilities<\/li>\n<li>the standard of living enjoyed by the family prior to the proceedings<\/li>\n<li>accommodation needs<\/li>\n<\/ul>\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<h4>Preliminary orders in proceedings for divorce.<\/h4>\n<p>11.\u2014Where an application is made to the court for the grant of a decree of divorce, the court, before deciding whether to grant or refuse to grant the decree, may, in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the following orders\u2014<\/p>\n<p>F11[(a) a safety order, barring order, interim barring order or protection order under the Act of 2018,]<\/p>\n<p>(b) an order under section 11 of the Act of 1964,<\/p>\n<p>(c) an order under section 5 or 9 of the Family Home Protection Act, 1976.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 47(b), S.I. No. 532 of 2018.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<br \/>\nPower granted to Court, in proceedings relating to subs. (b), to direct the HSE to undertake an investigation of a child\u2019s circumstances by Child Care Act 1991 (17\/1991), s. 20(1), as substituted (9.01.1998) by Children Act 1997 (40\/1997), s. 17, commenced as per s. 1(2).<\/p>\n<h4>Maintenance pending suit orders.<\/h4>\n<p>12.\u2014(1) Where an application is made to the court for the grant of a decree of divorce, the court may make an order for maintenance pending suit, that is to say, an order requiring either of the spouses concerned to make to the other spouse such periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of such (if any) dependent member of the family and, as respects periodical payments, for such period beginning not earlier than the date of the application and ending not later than the date of its determination, as the court considers proper and specifies in the order.<\/p>\n<p>(2) The court may provide that payments under an order under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.<\/p>\n<h4>Periodical payments and lump sum orders.<\/h4>\n<p>13.\u2014(1) On granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse, or, as the case may be, the spouse concerned, make one or more of the following orders, that is to say\u2014<\/p>\n<p>(a) a periodical payments order, that is to say\u2014<\/p>\n<p>(i) an order that either of the spouses shall make to the other spouse such periodical payments of such amount, during such period and at such times as may be specified in the order, or<\/p>\n<p>(ii) an order that either of the spouses shall make to such person as may be so specified for the benefit of such (if any) dependent member of the family such periodical payments of such amount, during such period and at such times as may be so specified,<\/p>\n<p>(b) a secured periodical payments order, that is to say\u2014<\/p>\n<p>(i) an order that either of the spouses shall secure, to the satisfaction of the court, to the other spouse such periodical payments of such amounts, during such period and at such times as may be so specified, or<\/p>\n<p>(ii) an order that either of the spouses shall secure, to the satisfaction of the court, to such person as may be so specified for the benefit of such (if any) dependent member of the family such periodical payments of such amounts, during such period and at such times as may be so specified,<\/p>\n<p>(c) (i) an order that either of the spouses shall make to the other spouse a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be so specified, or<\/p>\n<p>(ii) an order that either of the spouses shall make to such person as may be so specified for the benefit of such (if any) dependent member of the family a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be so specified.<\/p>\n<p>(2) The court may\u2014<\/p>\n<p>(a) order a spouse to pay a lump sum to the other spouse to meet any liabilities or expenses reasonably incurred by that other spouse before the making of an application by that other spouse for an order under subsection (1) in maintaining himself or herself or any dependent member of the family, or<\/p>\n<p>(b) order a spouse to pay a lump sum to such person as may be specified to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent member of the family before the making of an application on behalf of the member for an order under subsection (1).<\/p>\n<p>(3) An order under this section for the payment of a lump sum may provide for the payment of the lump sum by instalments of such amounts as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.<\/p>\n<p>(4) The period specified in an order under paragraph (a) or (b) of subsection (1) shall begin not earlier than the date of the application for the order and shall end not later than the death of the spouse, or any dependent member of the family, in whose favour the order is made or the other spouse concerned.<\/p>\n<p>(5) (a) Upon the remarriage F12[or registration in a civil partnership] of the spouse in whose favour an order is made under paragraph (a) or (b) of subsection (1), the order shall, to the extent that it applies to that spouse, cease to have effect, except as respects payments due under it on the date of the remarriage F12[or civil partnership registration].<\/p>\n<p>(b) If, after the grant of a decree of divorce, either of the spouses concerned remarries F12[or registers in a civil partnership], the court shall not, by reference to that decree, make an order under subsection (1) in favour of that spouse.<\/p>\n<p>(6) (a) Where a court makes an order under subsection (1) (a), it shall in the same proceedings, subject to paragraph (b), make an attachment of earnings order (within the meaning of the Act of 1976) to secure payments under the first mentioned order if it is satisfied that the person against whom the order is made is a person to whom earnings (within the meaning aforesaid) fall to be paid.<\/p>\n<p>(b) Before deciding whether to make or refuse to make an attachment of earnings order by virtue of paragraph (a), the court shall give the spouse concerned an opportunity to make the representations specified in paragraph (c) in relation to the matter and shall have regard to any such representations made by that spouse.<\/p>\n<p>(c) The representations referred to in paragraph (b) are representations relating to the questions\u2014<\/p>\n<p>(i) whether the spouse concerned is a person to whom such earnings as aforesaid fall to be paid, and<\/p>\n<p>(ii) whether he or she would make the payments to which the relevant order under subsection (1) (a) relates.<\/p>\n<p>(d) References in this subsection to an order under subsection (1) (a) include references to such an order as varied or affirmed on appeal from the court concerned or varied under section 22.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 151, S.I. No. 648 of 2010.<\/p>\n<h4>Property adjustment orders.<\/h4>\n<p>14.\u2014(1) On granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make a property adjustment order, that is to say, an order providing for one or more of the following matters:<\/p>\n<p>(a) the transfer by either of the spouses to the other spouse, to any dependent member of the family or to any other specified person for the benefit of such a member of specified property, being property to which the first-mentioned spouse is entitled either in possession or reversion,<\/p>\n<p>(b) the settlement to the satisfaction of the court of specified property, being property to which either of the spouses is so entitled as aforesaid, for the benefit of the other spouse and of any dependent member of the family or of any or all of those persons,<\/p>\n<p>(c) the variation for the benefit of either of the spouses and of any dependent member of the family or of any or all of those persons of any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses,<\/p>\n<p>(d) the extinguishment or reduction of the interest of either of the spouses under any such settlement.<\/p>\n<p>(2) An order under paragraph (b), (c) or (d) may restrict to a specified extent or exclude the application of section 22 in relation to the order.<\/p>\n<p>(3) If, after the grant of a decree of divorce, either of the spouses concerned remarries F13[or registers in a civil partnership], the court shall not, by reference to that decree, make a property adjustment order in favour of that spouse.<\/p>\n<p>(4) Where a property adjustment order is made in relation to land, a copy of the order 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>F14[(4A) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with\u2014<\/p>\n<p>(a) cancel the entry made in the register under the Registration of Title Act 1964, or<\/p>\n<p>(b) note compliance with the order in the Registry of Deeds.]<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) a person is directed by an order under this section to execute a deed or other instrument in relation to land, and<\/p>\n<p>(b) the person refuses or neglects to comply with the direction or, for any other reason, the court considers it necessary to do so,<\/p>\n<p>the court may order another person to execute the deed or instrument in the name of the first-mentioned person; and a deed or other instrument executed by a person in the name of another person pursuant to an order under this subsection shall be as valid as if it had been executed by that other person.<\/p>\n<p>(6) Any costs incurred in complying with a property adjustment order shall be borne, as the court may determine, by either of the spouses concerned, or by both of them in such proportions as the court may determine, and shall be so borne in such manner as the court may determine.<\/p>\n<p>(7) This section shall not apply in relation to a family home in which, following the grant of a decree of divorce, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 152, S.I. No. 648 of 2010.<\/p>\n<p>F14<br \/>\nInserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 75(a), S.I. No. 274 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E11<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>E12<br \/>\nForm of application for cancellation of Property Adjustment Order pursuant to section prescribed (1.11.2009) by Registration of Deeds Rules 2009 (S.I. No. 350 of 2009), rule 3, in effect as per rule 2.<\/p>\n<p>E13<br \/>\nMethod for application for cancellation of Property Adjustment Order pursuant to section prescribed (1.11.2009) by Land Registration Rules 2009 (S.I. No. 349 of 2009), rule 5, in effect as per rule 2.<\/p>\n<p>E14<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>Miscellaneous ancillary orders.<\/h4>\n<p>15.\u2014(1) On granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders:<\/p>\n<p>(a) an order\u2014<\/p>\n<p>(i) providing for the conferral on one spouse either for life or for such other period (whether definite or contingent) as the court may specify of the right to occupy the family home to the exclusion of the other spouse, or<\/p>\n<p>(ii) directing the sale of the family home subject to such conditions (if any) as the court considers proper and providing for the disposal of the proceeds of the sale between the spouses and any other person having an interest therein,<\/p>\n<p>(b) an order under section 36 of the Act of 1995,<\/p>\n<p>(c) an order under section 5, 7 or 9 of the Family Home Protection Act, 1976,<\/p>\n<p>F15[(d) an order under section 6, 7, 8 or 10 of the Act of 2018,]<\/p>\n<p>(e) F16[under section 31 of the Land and Conveyancing Law Reform Act 2009],<\/p>\n<p>(f) an order under section 11 of the Act of 1964,<\/p>\n<p>and, for the purposes of this section, in paragraphs (b), (c) and (d), a reference to a spouse in a statute referred to in paragraph (b), (c) or (d) shall be construed as including a reference to a person who is a party to a marriage that has been dissolved under this Act.<\/p>\n<p>(2) The court, in exercising its jurisdiction under subsection (1) (a), shall have regard to the welfare of the spouses and any dependent member of the family and, in particular, shall take into consideration\u2014<\/p>\n<p>(a) that, where a decree of divorce is granted, it is not possible for the spouses concerned to reside together, and<\/p>\n<p>(b) that proper and secure accommodation should, where practicable, be provided for a spouse who is wholly or mainly dependent on the other spouse and for any dependent member of the family.<\/p>\n<p>(3) Subsection (1) (a) shall not apply in relation to a family home in which, following the grant of a decree of divorce, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 47(c), S.I. No. 532 of 2018.<\/p>\n<p>F16<br \/>\nSubstituted (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27\/2009), s. 8 and sch. 1, S.I. No. 356 of 2009.<\/p>\n<h4>Financial compensation orders.<\/h4>\n<p>16.\u2014(1) Subject to the provisions of this section, on granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, if it considers\u2014<\/p>\n<p>(a) that the financial security of the spouse making the application (\u201cthe applicant\u201d) or the dependent member of the family (\u201cthe member\u201d) can be provided for either wholly or in part by so doing, or<\/p>\n<p>(b) that the forfeiture, by reason of the decree of divorce, by the applicant or the member, as the case may be, of the opportunity or possibility of acquiring a benefit (for example, a benefit under a pension scheme) can be compensated for wholly or in part by so doing,<\/p>\n<p>make a financial compensation order, that is to say, an order requiring the other spouse to do one or more of the following:<\/p>\n<p>(i) to effect such a policy of life insurance for the benefit of the applicant or the member as may be specified in the order,<\/p>\n<p>(ii) to assign the whole or a specified part of the interest of the other spouse in a policy of life insurance effected by that other spouse or both of the spouses to the applicant or to such person as may be specified in the order for the benefit of the member,<\/p>\n<p>(iii) to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which that other spouse or both of the spouses is or are required to make under the terms of the policy.<\/p>\n<p>(2) (a) The court may make a financial compensation order in addition to or in substitution in whole or in part for orders under section 13, 14, 15 or 17 and in deciding whether or not to make such an order it shall have regard to 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 orders under those sections.<\/p>\n<p>(b) An order under this section shall cease to have effect on the re-marriage F17[, registration in a civil partnership] or death of the applicant in so far as it relates to the applicant.<\/p>\n<p>(c) The court shall not make an order under this section in favour of a spouse who has remarried F17[or registered in a civil partnership].<\/p>\n<p>(d) An order under section 22 in relation to an order under paragraph (i) or (ii) of subsection (1) may make such provision (if any) as the court considers appropriate in relation to the disposal of\u2014<\/p>\n<p>(i) an amount representing any accumulated value of the insurance policy effected pursuant to the order under the said paragraph (i), or<\/p>\n<p>(ii) the interest or the part of the interest to which the order under the said paragraph (ii) relates.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 153, S.I. No. 648 of 2010.<\/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<h4>Orders for provision for spouse out of estate of other spouse.<\/h4>\n<p>18.\u2014(1) Subject to the provisions of this section, where one of the spouses in respect of whom a decree of divorce has been granted dies, the court, on application to it in that behalf by the other spouse (\u201cthe applicant\u201d) not more than 6 months after representation is first granted under the Act of 1965 in respect of the estate of the deceased spouse, may by order make such provision for the applicant out of the estate of the deceased spouse as it considers appropriate having regard to the rights of any other person having an interest in the matter and specifies in the order if it is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased spouse under section 13, 14, 15, 16 or 17 for any reason (other than conduct referred to in subsection (2) (i) of section 20 of the applicant).<\/p>\n<p>(2) The court shall not make an order under this section in favour of a spouse who has remarried F20[or registered in a civil partnership] since the granting of the decree of divorce concerned.<\/p>\n<p>(3) In considering whether to make an order under this section the court shall have regard to all the circumstances of the case including\u2014<\/p>\n<p>(a) any order under paragraph (c) of section 13 (1) or a property adjustment order in favour of the applicant, and<\/p>\n<p>(b) any devise or bequest made by the deceased spouse to the applicant.<\/p>\n<p>(4) The provision made for the applicant concerned by an order under this section together with any provision made for the applicant by an order referred to in subsection (3) (a) (the value of which for the purposes of this subsection shall be its value on the date of the order) shall not exceed in total the share (if any) of the applicant in the estate of the deceased spouse to which the applicant was entitled or (if the deceased spouse died intestate as to the whole or part of his or her estate) would have been entitled under the Act of 1965 if the marriage had not been dissolved.<\/p>\n<p>(5) Notice of an application under this section shall be given by the applicant to the spouse F20[, civil partner or former civil partner] (if any) of the deceased spouse F20[, civil partner or former civil partner] concerned and to such (if any) other persons as the court may direct 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 the spouse F20[, civil partner or former civil partner] of the deceased spouse F20[, civil partner or former civil partner] and any other such persons as aforesaid.<\/p>\n<p>(6) The personal representative of a deceased spouse in respect of whom a decree of divorce has been granted shall make a reasonable attempt to ensure that notice of his or her death is brought to the attention of the other spouse concerned and, where an application is made under this section, the personal representative of the deceased spouse shall not, without the leave of the court, distribute any of the estate of that spouse until the court makes or refuses to make an order under this section.<\/p>\n<p>(7) Where the personal representative of a deceased spouse in respect of whom a decree of divorce has been granted gives notice of his or her death to the other spouse concerned (\u201cthe spouse\u201d) and\u2014<\/p>\n<p>(a) the spouse intends to apply to the court for an order under this section,<\/p>\n<p>(b) the spouse has applied for such an order and the application is pending, or<\/p>\n<p>(c) an order has been made under this section in favour of the spouse,<\/p>\n<p>the spouse shall, not later than one month after the receipt of the notice, notify the personal representative of such intention, application or order, as the case may be, and, if he or she does not do so, the personal representative shall be at liberty to distribute the assets of the deceased spouse, or any part thereof, amongst the parties entitled thereto.<\/p>\n<p>(8) The personal representative shall not be liable to the spouse for the assets or any part thereof so distributed unless, at the time of such distribution, he or she had notice of the intention, application or order aforesaid.<\/p>\n<p>(9) Nothing in subsection (7) or (8) shall prejudice the right of the spouse to follow any such assets into the hands of any person who may have received them.<\/p>\n<p>(10) On granting a decree of divorce or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, if it considers it just to do so, make an order that either or both spouses shall not, on the death of either of them, be entitled to apply for an order under this section.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 155, S.I. No. 648 of 2010.<\/p>\n<h4>Orders for sale of property.<\/h4>\n<p>19.\u2014(1) Where the court makes a secured periodical payments order, a lump sum order or a property adjustment order, thereupon, or at any time thereafter, it may make an order directing the sale of such property as may be specified in the order, being property in which, or in the proceeds of sale of which, either or both of the spouses concerned has or have a beneficial interest, either in possession or reversion.<\/p>\n<p>(2) The jurisdiction conferred on the court by subsection (1) shall not be so exercised as to affect a right to occupy the family home of the spouse concerned that is enjoyed by virtue of an order under this Part.<\/p>\n<p>(3) (a) An order under subsection (1) may contain such consequential or supplementary provisions as the court considers appropriate.<\/p>\n<p>(b) Without prejudice to the generality of paragraph (a), an order under subsection (1) may contain\u2014<\/p>\n<p>(i) a provision specifying the manner of sale and some or all of the conditions applying to the sale of the property to which the order relates,<\/p>\n<p>(ii) a provision requiring any such property to be offered for sale to a person, or a class of persons, specified in the order,<\/p>\n<p>(iii) a provision directing that the order, or a specified part of it, shall not take effect until the occurrence of a specified event or the expiration of a specified period,<\/p>\n<p>(iv) a provision requiring the making of a payment or payments (whether periodical payments or lump sum payments) to a specified person or persons out of the proceeds of the sale of the property to which the order relates, and<\/p>\n<p>(v) a provision specifying the manner in which the proceeds of the sale of the property concerned shall be disposed of between the following persons or such of them as the court considers appropriate, that is to say, the spouses concerned and any other person having an interest therein.<\/p>\n<p>(4) A provision in an order under subsection (1) providing for the making of periodical payments to one of the spouses concerned out of the proceeds of the sale of property shall, on the death or remarriage F21[or registration in a civil partnership] of that spouse, cease to have effect except as respects payments due on the date of the death or remarriage F21[or civil partnership registration].<\/p>\n<p>(5) Where a spouse has a beneficial interest in any property, or in the proceeds of the sale of any property, and a person (not being the other spouse) also has a beneficial interest in that property or those proceeds, then, in considering whether to make an order under this section or section 14 or 15 (1) (a) in relation to that property or those proceeds, the court shall give to that person an opportunity to make representations with respect to the making of the order and the contents thereof, and any representations made by such a person shall be deemed to be included among the matters to which the court is required to have regard under section 20 in any relevant proceedings under a provision referred to in that section after the making of those representations.<\/p>\n<p>(6) This section shall not apply in relation to a family home in which, following the grant of a decree of divorce, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 156, S.I. No. 648 of 2010.<\/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<h4>Repeals.<\/h4>\n<p>3.\u2014(1) The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.<\/p>\n<p>(2) Notwithstanding subsection (1)\u2014<\/p>\n<p>(a) orders made before the commencement of Part II under a provision of the Act of 1989 repealed by subsection (1) shall continue in force and be treated after such commencement as if made under the corresponding provision of this Act,<\/p>\n<p>(b) (i) orders or decrees made or exceptions granted under section 1 of the Legitimacy Declaration Act (Ireland), 1868, section 1 of the Marriages Act, 1972, or section 12 of the Married Women\u2019s Status Act, 1957, before such commencement shall continue in force after such commencement,<\/p>\n<p>(ii) proceedings instituted under any of those sections before such commencement may be continued and determined after such commencement, and<\/p>\n<p>(iii) orders or decrees made or exceptions granted after such commencement in those proceedings shall be in force,<\/p>\n<p>(c) proceedings instituted before such commencement under a provision of the Act of 1989 repealed by subsection (1) may be continued and determined as if instituted under the corresponding provision of this Act and orders made in those proceedings after such commencement shall be in force and be treated as if made under the corresponding provision of this Act.<\/p>\n<p>Expenses.<\/p>\n<p>4.\u2014The expenses incurred by the Minister for Equality and Law Reform, the Minister for Health or the Minister for Justice in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>PART II<\/p>\n<h4>Preliminary and Ancillary Orders in or after Proceedings for Judicial Separation<\/h4>\n<h4>Application (sections 6 to 14).<\/h4>\n<p>5.\u2014Each of the following sections, that is to say, sections 6 to 14, applies to a case in which proceedings for the grant of a decree of judicial separation are instituted after the commencement of that section.<\/p>\n<h4>Preliminary orders in proceedings for judicial separation.<\/h4>\n<p>6.\u2014Where an application is made to the court for the grant of a decree of judicial separation, the court, before deciding whether to grant or refuse to grant the decree, may, in the same proceedings and without the institution of proceedings under the Act concerned, if it appears to the court to be proper to do so, make one or more of the following orders\u2014<\/p>\n<p>F7[(a) an order under section 6, 7, 8 or 10 of the Act of 2018,]<\/p>\n<p>(b) an order under section 11 of the Act of 1964,<\/p>\n<p>(c) an order under section 5 or 9 of the Family Home Protection Act, 1976.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(b), S.I. No. 532 of 2018.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E8<br \/>\nPrevious affecting provision: para. (a) substituted (27.03.1996) by Domestic Violence Act 1996 (1\/1996), s. 21(b), commenced as per s. 25(1); substituted as per F-note above.<\/p>\n<p>Maintenance pending suit orders.<\/p>\n<p>7.\u2014(1) Where an application is made to the court for the grant of a decree of judicial separation, the court may make an order for maintenance pending suit, that is to say, an order requiring either of the spouses concerned to make to the other spouse such periodical payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodical payments for the benefit of such (if any) dependent member of the family and, as respects periodical payments, for such period beginning not earlier than the date of the application and ending not later than the date of its determination, as the court considers proper and specifies in the order.<\/p>\n<p>(2) The court may provide that payments under an order under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.<\/p>\n<h4>Periodical payments and lump sum orders.<\/h4>\n<p>8.\u2014(1) On granting a decree of judicial separation F8[or at any time thereafter], the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders, that is to say:<\/p>\n<p>(a) a periodical payments order, that is to say\u2014<\/p>\n<p>(i) an order that either of the spouses shall make to the other spouse such periodical payments of such amount, during such periods and at such times as may be specified in the order, or<\/p>\n<p>(ii) an order that either of the spouses shall make to such person as may be so specified for the benefit of such (if any) dependent member of the family such periodical payments of such amount, during such period and at such times as may be so specified,<\/p>\n<p>(b) a secured periodical payments order, that is to say\u2014<\/p>\n<p>(i) an order that either of the spouses shall secure, to the satisfaction of the court, to the other spouse such periodical payments of such amounts during such period and at such times as may be so specified, or<\/p>\n<p>(ii) an order that either of the spouses shall secure, to the satisfaction of the court, to such person as may be so specified for the benefit of such (if any) dependent member of the family such periodical payments of such amounts, during such period and at such times as may be so specified,<\/p>\n<p>(c) (i) an order that either of the spouses shall make to the other spouse a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be so specified F8[or],<\/p>\n<p>(ii) an order that either of the spouses shall make to such person as may be so specified for the benefit of such (if any) dependent member of the family a lump sum payment or lump sum payments of such amount or amounts and at such time or times as may be so specified.<\/p>\n<p>(2) The court may\u2014<\/p>\n<p>(a) order a spouse to pay a lump sum to the other spouse to meet any liabilities or expenses reasonably incurred by that other spouse before the making of an application by that other spouse for an order under subsection (1) in maintaining himself or herself or any dependent member of the family, or<\/p>\n<p>(b) order a spouse to pay a lump sum to such person as may be specified to meet any liabilities or expenses reasonably incurred by or for the benefit of a dependent member of the family before the making of an application on behalf of the member for an order under subsection (1).<\/p>\n<p>(3) An order under this section for the payment of a lump sum may provide for the payment of the lump sum by instalments of such amounts as may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.<\/p>\n<p>(4) The period specified in an order under paragraph (a) or (b) of subsection (1) shall begin not earlier than the date of the application for the order and shall end not later than the death of F9[the spouse, or any dependent member of the family, in whose favour the order is made or the other spouse concerned].<\/p>\n<p>(5) (a) Upon the remarriage F10[or registration in a civil partnership] of the spouse in whose favour an order is made under paragraph (a) or (b) of subsection (1), the order shall, to the extent that it applies to that spouse, cease to have effect, except as respects payments due under it on the date of the remarriage F10[or civil partnership registration].<\/p>\n<p>(b) If, after the grant of a decree of judicial separation, either of the spouses concerned remarries F10[or registers in a civil partnership], the court shall not, by reference to that decree, make an order under subsection (1) in favour of that spouse.<\/p>\n<p>(6) (a) Where a court makes an order under subsection (1) (a), it shall in the same proceedings, subject to paragraph (b), make an attachment of earnings order (within the meaning of the Act of 1976) to secure payments under the first-mentioned order if it is satisfied that the person against whom the order is made is a person to whom earnings (within the meaning aforesaid) fall to be paid.<\/p>\n<p>(b) Before deciding whether to make or refuse to make an attachment of earnings order by virtue of paragraph (a), the court shall give the spouse concerned an opportunity to make the representations specified in paragraph (c) in relation to the matter and shall have regard to any such representations made by that spouse.<\/p>\n<p>(c) The representations referred to in paragraph (b) are representations relating to the questions\u2014<\/p>\n<p>(i) whether the spouse concerned is a person to whom such earnings as aforesaid fall to be paid, and<\/p>\n<p>(ii) whether he or she would make the payments to which the relevant order under subsection (1) (a) relates.<\/p>\n<p>(d) References in this subsection to an order under subsection (1) (a) include references to such an order as varied or affirmed on appeal from the court concerned or varied under section 18.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(a)(i) and (ii), commenced as per s. 1(2).<\/p>\n<p>F9<br \/>\nSubstituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(a)(iii), commenced as per s. 1(2).<\/p>\n<p>F10<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 160, S.I. No. 648 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<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<h4>Property adjustment orders.<\/h4>\n<p>9.\u2014(1) On granting a decree of judicial separation F11[or at any time thereafter], the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make a property adjustment order, that is to say, an order providing for one or more of the following matters:<\/p>\n<p>(a) the transfer by either of the spouses to the other spouse, to any dependent member of the family or to any other specified person for the benefit of such a member of specified property, being property to which the first-mentioned spouse is entitled either in possession or reversion;<\/p>\n<p>(b) the settlement to the satisfaction of the court of specified property, being property to which either of the spouses is so entitled as aforesaid, for the benefit of the other spouse and of any dependent member of the family or of any or all of those persons;<\/p>\n<p>(c) the variation for the benefit of either of the spouses and of any dependent member of the family or of any or all of those persons of any ante-nuptial or post-nuptial settlement (including such a settlement made by will or codicil) made on the spouses;<\/p>\n<p>(d) the extinguishment or reduction of the interest of either of the spouses under any such settlement.<\/p>\n<p>(2) An order under paragraph (b), (c) or (d) may restrict to a specified extent or exclude the application of section 18 in relation to the order.<\/p>\n<p>(3) If, after the grant of a decree of judicial separation, either of the spouses concerned remarries F12[or registers in a civil partnership], the court shall not, by reference to that decree, make a property adjustment order in favour of that spouse.<\/p>\n<p>(4) Where a property adjustment order is made in relation to land, a copy of the order 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>F13[(4A) Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69(1)(h) of the Registration of Title Act 1964 or in the Registry of Deeds has been complied with, the Property Registration Authority shall, on being satisfied that the order has been complied with\u2014<\/p>\n<p>(a) cancel the entry made in the register under the Registration of Title Act 1964, or<\/p>\n<p>(b) note compliance with the order in the Registry of Deeds.]<\/p>\n<p>(5) Where\u2014<\/p>\n<p>(a) a person is directed by an order under this section to execute a deed or other instrument in relation to land, and<\/p>\n<p>(b) the person refuses or neglects to comply with the direction or, for any other reason, the court considers it necessary to do so,<\/p>\n<p>the court may order another person to execute the deed or instrument in the name of the first-mentioned person; and a deed or other instrument executed by a person in the name of another person pursuant to an order under this subsection shall be as valid as if it had been executed by that other person.<\/p>\n<p>(6) Any costs incurred in complying with a property adjustment order shall be borne, as the court may determine, by either of the spouses concerned, or by both of them in such proportions as the court may determine, and shall be so borne in such manner as the court may determine.<\/p>\n<p>(7) This section shall not apply in relation to a family home in which, following the grant of a decree of judicial separation either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F11<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(b), commenced as per s. 1(2).<\/p>\n<p>F12<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 161, S.I. No. 648 of 2010.<\/p>\n<p>F13<br \/>\nInserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 74(a), S.I. No. 274 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<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>E11<br \/>\nForm of application for cancellation of Property Adjustment Order pursuant to section prescribed (1.11.2009) by Registration of Deeds Rules 2009 (S.I. No. 350 of 2009), rule 3, in effect as per rule 2.<\/p>\n<p>E12<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<p>E13<br \/>\nPrevious affecting provisions: form of application for cancellation of Property Adjustment Order pursuant to section prescribed (1.11.2009) by Land Registration Rules 2009 (S.I. No. 349 of 2009), rule 5, in effect as per rule 2; rescinded (1.02.2013) by Land Registration Rules 2012 (S.I. No. 483 of 2012), rule 1.<\/p>\n<h4>Miscellaneous ancillary orders.<\/h4>\n<p>10.\u2014(1) On granting a decree of judicial separation F14[or at any time thereafter], the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, make one or more of the following orders:<\/p>\n<p>(a) an order\u2014<\/p>\n<p>(i) providing for the conferral on one spouse either for life or for such other period (whether definite or contingent) as the court may specify the right to occupy the family home to the exclusion of the other spouse, or<\/p>\n<p>(ii) directing the sale of the family home subject to such conditions (if any) as the court considers proper and providing for the disposal of the proceeds of the sale between the spouses and any other person having an interest therein,<\/p>\n<p>(b) an order under section 36,<\/p>\n<p>(c) an order under section 4, 5, 7 or 9 of the Family Home Protection Act, 1976,<\/p>\n<p>F15[(d) an order under section 6, 7, 8 or 10 of the Act of 2018,]<\/p>\n<p>(e) an order F16[under section 31 of the Land and Conveyancing Law Reform Act 2009],<\/p>\n<p>(f) an order under section 11 of the Act of 1964.<\/p>\n<p>(2) The court, in exercising its jurisdiction under subsection (1) (a), shall have regard to the welfare of the spouses and any dependent member of the family and, in particular, shall take into consideration\u2014<\/p>\n<p>(a) that, where a decree of judicial separation is granted, it is not possible for the spouses concerned to continue to reside together, and<\/p>\n<p>(b) that proper and secure accommodation should, where practicable, be provided for a spouse who is wholly or mainly dependent on the other spouse and for any dependent member of the family.<\/p>\n<p>F14[(3) Subsection (1)(a) shall not apply in relation to a family home in which, following the grant of a decree of judicial separation, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(c), commenced as per s. 1(2).<\/p>\n<p>F15<br \/>\nSubstituted (1.01.2019) by Domestic Violence Act 2018 (6\/2018), s. 45(c), S.I. No. 532 of 2018.<\/p>\n<p>F16<br \/>\nSubstituted (1.12.2009) by Land And Conveyancing Law Reform Act 2009 (27\/2009), s. 8(1) and sch. 1, S.I. No. 356 of 2009.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E14<br \/>\nPrevious affecting provision: subs. (1)(d) substituted (27.03.1996) by Domestic Violence Act 1996 (1\/1996), s. 21(c), commenced as per s. 25(1); substituted as per F-note above.<\/p>\n<h4>Financial compensation orders.<\/h4>\n<p>11.\u2014(1) Subject to the provisions of this section, on granting a decree of judicial separation or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, if it considers\u2014<\/p>\n<p>(a) that the financial security of the spouse making the application (\u201cthe applicant\u201d) or the dependent member of the family (\u201cthe member\u201d) can be provided for either wholly or in part by so doing, or<\/p>\n<p>(b) that the forfeiture, by reason of the decree of judicial separation, by the applicant or the dependent, as the case may be, of the opportunity or possibility of acquiring a benefit (for example, a benefit under a pension scheme) can be compensated for wholly or in part by so doing,<\/p>\n<p>make a financial compensation order, that is to say, an order requiring either or both of the spouses to do one or more of the following:<\/p>\n<p>(i) to effect such a policy of life insurance for the benefit of the applicant or the member as may be specified in the order,<\/p>\n<p>(ii) to assign the whole or a specified part of the interest of either or both of the spouses in a policy of life insurance effected by either or both of the spouses to the applicant or to such person as may be specified in the order for the benefit of the member,<\/p>\n<p>(iii) to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which either or both of the spouses is or are required to make under the terms of the policy.<\/p>\n<p>(2) (a) The court may make a financial compensation order in addition to or in substitution in whole or in part for orders under sections 8 to 10 and 12 and in deciding whether or not to make such an order it shall have regard to whether F17[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 orders under those sections.<\/p>\n<p>(b) An order under this section shall cease to have effect on the remarriageF18[, registration in a civil partnership] or death of the applicant in so far as it relates to the applicant.<\/p>\n<p>(c) The court shall not make an order under this section if the spouse who is applying for the order has remarried F18[or registered in a civil partnership].<\/p>\n<p>(d) An order under section 18 in relation to an order under paragraph (i) or (ii) of subsection (1) may make such provision (if any) as the court considers appropriate in relation to the disposal of\u2014<\/p>\n<p>(i) an amount representing any accumulated value of the insurance policy effected pursuant to the order under the said paragraph (i), or<\/p>\n<p>(ii) the interest or the part of the interest to which the order under the said paragraph (ii) relates.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<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>F18<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 162, S.I. No. 648 of 2010.<\/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<h4>Orders extinguishing succession rights on judicial separation.<\/h4>\n<p>14.\u2014On granting a decree of judicial separation or at any time thereafter, the court may, on application to it in that behalf by either of the spouses concerned, make an order extinguishing the share that either of the spouses would otherwise be entitled to in the estate of the other spouse as a legal right or on intestacy under the Act of 1965 if\u2014<\/p>\n<p>(a) it is satisfied that adequate and reasonable financial provision exists or can be made under section 8, 9, 10 (1) (a), 11, 12 or 13 for the spouse whose succession rights are in question (\u201cthe spouse concerned\u201d),<\/p>\n<p>(b) the spouse concerned is a spouse for the support of whom the court refused to make an order under section 8, 9, 10 (1) (a), 11, 12 or 13, or<\/p>\n<p>(c) it is satisfied that the spouse concerned is not a spouse for whose benefit the court would, if an application were made to it in that behalf, make an order under section 8, 9, 10 (1) (a), 11, 12 or 13.<\/p>\n<p>Orders for sale of property.<\/p>\n<p>15.\u2014(1) Where the court makes a secured periodical payments order, a lump sum order or a property adjustment order, thereupon, or at any time thereafter, it may make an order directing the sale of such property as may be specified in the order, being property in which, or in the proceeds of sale of which, either or both of the spouses concerned has or have a beneficial interest, either in possession or reversion.<\/p>\n<p>(2) The jurisdiction conferred on the court by subsection (1) shall not be so exercised as to affect a right to occupy the family home of the spouse concerned that is enjoyed by virtue of an order under this Part.<\/p>\n<p>(3) (a) An order under subsection (1) may contain such consequential or supplementary provisions as the court considers appropriate.<\/p>\n<p>(b) Without prejudice to the generality of paragraph (a), an order under subsection (1) may contain\u2014<\/p>\n<p>(i) a provision specifying the manner of sale and some or all of the conditions applying to the sale of the property to which the order relates,<\/p>\n<p>(ii) a provision requiring any such property to be offered for sale to a person, or a class of persons, specified in the order,<\/p>\n<p>(iii) a provision directing that the order, or a specified part of it, shall not take effect until the occurrence of a specified event or the expiration of a specified period,<\/p>\n<p>(iv) a provision requiring the making of a payment or payments (whether periodical payments or lump sum payments) to a specified person or persons out of the proceeds of the sale of the property to which the order relates, and<\/p>\n<p>(v) a provision specifying the manner in which the proceeds of the sale of the property concerned shall be disposed of between the following persons or such of them as the court considers appropriate, that is to say, the spouses concerned and any other person having an interest therein.<\/p>\n<p>(4) A provision in an order under subsection (1) providing for the making of periodical payments to one of the spouses concerned out of the proceeds of the sale of property shall, on the death or remarriage F23[or registration in a civil partnership] of that spouse, cease to have effect except as respects payments due on the date of the death or remarriage F23[or civil partnership registration].<\/p>\n<p>(5) Where a spouse has a beneficial interest in any property, or in the proceeds of the sale of any property, and a person (not being the other spouse) also has a beneficial interest in that property or those proceeds, then, in considering whether to make an order under this section or section 9 or F24[10 (1) (a)] in relation to that property or those proceeds, the court shall give to that person an opportunity to make representations with respect to the making of the order and the contents thereof, and any representations made by such a person shall be deemed to be included among the matters to which the court is required to have regard under section 16 in any relevant proceedings under a provision referred to in that section after the making of those representations.<\/p>\n<p>F25[(6) This section shall not apply in relation to a family home in which, following the grant of a decree of judicial separation, either of the spouses concerned, having remarried, ordinarily resides with his or her spouse.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 164, S.I. No. 648 of 2010.<\/p>\n<p>F24<br \/>\nSubstituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(f)(i), commenced as per s. 1(2).<\/p>\n<p>F25<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(f)(ii), commenced as per s. 1(2).<\/p>\n<p>F26[<\/p>\n<h4>Orders for provision for spouse out of estate of other spouse.<\/h4>\n<p>15A.\u2014(1) Subject to the provisions of this section, where, following the grant of a decree of judicial separation, a court makes an order under section 14 in relation to the spouses concerned and one of the spouses dies, the court, on application to it in that behalf by the other spouse (&#8220;the applicant&#8221;) not more than 6 months after representation is first granted under the Act of 1965 in respect of the estate of the deceased spouse, may by order make such provision for the applicant out of the estate of the deceased spouse as it considers appropriate having regard to the rights of any other person having an interest in the matter and specifies in the order if it is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased spouse under section 8, 9, 10 (1) (a), 11 or 12 for any reason (other than conduct referred to in subsection (2) (i) of section 16 of the applicant).<\/p>\n<p>(2) The court shall not make an order under this section if the applicant concerned has remarried F27[or registered in a civil partnership] since the granting of the decree of judicial separation concerned.<\/p>\n<p>(3) In considering whether to make an order under this section the court shall have regard to all the circumstances of the case including\u2014<\/p>\n<p>(a) any order under paragraph (c) of section 8 (1) or a property adjustment order in favour of the applicant, and<\/p>\n<p>(b) any devise or bequest made by the deceased spouse to the applicant.<\/p>\n<p>(4) The provision made for the applicant concerned by an order under this section together with any provision made for the applicant by an order referred to in subsection (3) (a) (the value of which for the purposes of this subsection shall be its value on the date of the order) shall not exceed in total the share (if any) of the applicant in the estate of the deceased spouse to which the applicant was entitled or (if the deceased spouse died intestate as to the whole or part of his or her estate) would have been entitled under the Act of 1965 if the court had not made an order under section 14.<\/p>\n<p>(5) Notice of an application under this section shall be given by the applicant to the spouse (if any) of the deceased spouse concerned and to such (if any) other persons as the court may direct 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 the spouse of the deceased spouse and any other such persons as aforesaid.<\/p>\n<p>(6) The personal representative of a deceased spouse in respect of whom a decree of judicial separation has been granted shall make a reasonable attempt to ensure that notice of his or her death is brought to the attention of the other spouse concerned and, where an application is made under this section, the personal representative of the deceased spouse shall not, without the leave of the court, distribute any of the estate of that spouse until the court makes or refuses to make an order under this section.<\/p>\n<p>(7) Where the personal representative of a deceased spouse in respect of whom a decree of judicial separation has been granted gives notice of his or her death to the other spouse concerned (&#8220;the spouse&#8221;) and\u2014<\/p>\n<p>(a) the spouse intends to apply to the court for an order under this section,<\/p>\n<p>(b) the spouse has applied for such an order and the application is pending, or<\/p>\n<p>(c) an order has been made under this section in favour of the spouse,<\/p>\n<p>the spouse shall, not later than one month after the receipt of the notice, notify the personal representative of such intention, application or order, as the case may be, and, if he or she does not do so, the personal representative shall be at liberty to distribute the assets of the deceased spouse, or any part thereof, amongst the parties entitled thereto.<\/p>\n<p>(8) The personal representative shall not be liable to the spouse for the assets or any part thereof so distributed unless, at the time of such distribution, he or she had notice of the intention, application or order aforesaid.<\/p>\n<p>(9) Nothing in subsection (7) or (8) shall prejudice the right of the spouse to follow any such assets into the hands of any person who may have received them.<\/p>\n<p>(10) On granting a decree of judicial separation or at any time thereafter, the court, on application to it in that behalf by either of the spouses concerned, may, during the lifetime of the other spouse or, as the case may be, the spouse concerned, if it considers it just to do so, make an order that either or both spouses shall not, on the death of either of them, be entitled to apply for an order under this section.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(g), commenced as per s. 1(2).<\/p>\n<p>F27<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 165, S.I. No. 648 of 2010.<\/p>\n<h4>Provisions relating to certain orders under sections 7 to 13 and 18.<\/h4>\n<p>16.\u2014(1) In deciding whether to make an order under section 7, 8, 9, 10 (1) (a), 11, 12, 13, 14, F28[15A,] 18 or 25 and in determining the provisions of such an order, the court shall endeavour to ensure that such provision F29[exists or will be made] for each spouse concerned and for any dependent member of the family concerned as is F29[proper] having regard to all the circumstances of the case.<\/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\u2014<\/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 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 separated, as the case may be,<\/p>\n<p>(d) the age of each of the spouses and the length of time during which the spouses lived together,<\/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 together 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 acommodation 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 judicial separation 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) (a) The court shall not make an order under a provision referred to in subsection (1) for the support of a spouse if the spouse had deserted the other spouse before the institution of proceedings for the decree or, as the case may be, a decree, specified in that provision and had continued such desertion up to the time of the institution of such proceedings unless, having regard to all the circumstances of the case (including the conduct of the other spouse), the court is of opinion that it would be unjust not to make the order.<\/p>\n<p>(b) A spouse who, with just cause, leaves and lives apart from the other spouse because of conduct on the part of that other spouse shall not be regarded for the purposes of paragraph (a) as having deserted that spouse.<\/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),<\/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>(6) In this section \u201cdesertion\u201d includes conduct on the part of one of the spouses concerned that results in the other spouse, with just cause, leaving and living apart from the first-mentioned spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F28<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(h)(i), commenced as per s. 1(2).<\/p>\n<p>F29<br \/>\nSubstituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(h)(ii) and (iii), commenced as per s. 1(2).<\/p>\n<h4>Retrospective periodical payments orders.<\/h4>\n<p>17.\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 judicial separation, 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 8 (1) (c).<\/p>\n<h4>Variation, etc., of certain orders under this Part.<\/h4>\n<p>18.\u2014(1) This section applies to the following orders\u2014<\/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 9 (1) in so far as such application is not restricted or excluded pursuant to section 9 (2),<\/p>\n<p>(f) an order under subparagraph (i) or (ii) of section 10 (1) (a),<\/p>\n<p>(g) a financial compensation order,<\/p>\n<p>(h) an order under subsection (2) of section 12 F30[insofar as such application is not restricted or excluded by section 12 (26)],<\/p>\n<p>(i) an order under section 13,<\/p>\n<p>(j) an order under this section.<\/p>\n<p>(2) Subject to the provisions of this section and section 16 and any restriction pursuant to section 9 (2) and without prejudice to section 11 (2) (d), the court may, on application to it in that behalf by either of the spouses concerned or, in the case of the death of either of the spouses, by any other person who, in the opinion of the court, has a sufficient interest in the matter or by a person on behalf of a dependent member of the family concerned, 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 7 or 8, 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 15 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>F31[(8) Where a property adjustment order lodged under section 9(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 such 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 9(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>F30<br \/>\nInserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(i), commenced as per s. 1(2).<\/p>\n<p>F31<br \/>\nInserted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14\/2008), s. 74(b), S.I. No. 274 of 2008.<\/p>\n<p>Editorial Notes:<\/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 the family.<\/h4>\n<p>19.\u2014In deciding whether\u2014<\/p>\n<p>(a) to include in an order under section 7 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 8(1),<\/p>\n<p>(c) to make an order under section 18 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 16 or desertion referred to in subsection (3) of that section.<\/p>\n<h4>Transmission of periodical payments through District Court clerk.<\/h4>\n<p>20.\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 18, 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>21.\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>22.\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), 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, this section and Family Law (Divorce) Act 1996, s. 30) 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 (2.0.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23\/2011), s. 63, commenced on enactment.<\/p>\n<p>PART III<\/p>\n<h4>Relief after Divorce or Separation Outside State<\/h4>\n<h4>Relief orders where marriage dissolved, or spouses legally separated outside State.<\/h4>\n<p>23.\u2014(1) This section applies to a marriage that has been dissolved, or as respects which the spouses have been legally separated, after the commencement of this section under the law of a country or jurisdiction other than the State, being a divorce or legal separation that is entitled to be recognised as valid in the State.<\/p>\n<p>(2) (a) Subject to the provisions of this Part, the court may, in relation to a marriage to which this section applies, on application to it in that behalf by either of the spouses concerned or by a person on behalf of a dependent member of the family concerned, make any order under Part II (other than an order under section 6 or a maintenance pending suit order) (in this Act referred to as a relief order) that it could have made if the court had granted a decree of judicial separation in relation to the marriage.<\/p>\n<p>(b) Part II shall apply and have effect in relation to relief orders and applications therefor as it applies and has effect in relation to orders under Part II and applications therefor with the modifications that\u2014<\/p>\n<p>(i) subsections (4) and (5) of section 8, section 10 (1) (c) and section 13 shall not apply in relation to a marriage that has been dissolved under the law of a country or jurisdiction other than the State,<\/p>\n<p>(ii) section 15 shall not apply in relation to a family home in which, following the dissolution of the marriage under such a law, either spouse, having remarried, ordinarily resides with his or her spouse, and<\/p>\n<p>(iii) the modifications specified in paragraph (c) and any other necessary modifications.<\/p>\n<p>(c) Section 16 shall apply in relation to a relief order subject to the modifications that\u2014<\/p>\n<p>(i) it shall be construed as including a requirement that the court should have regard to the duration of the marriage,<\/p>\n<p>(ii) the reference in subsection (2) (k) to the forfeiture of the opportunity or possibility of acquiring any benefit shall be construed as a reference to such forfeiture by reason of the divorce or legal separation concerned, and<\/p>\n<p>(iii) the reference in subsection (3) to proceedings shall be construed as a reference to the proceedings for the divorce concerned or, as the case may be, for the legal separation concerned.<\/p>\n<p>(d) F32[Where a person] whose marriage has been dissolved in a country or jurisdiction other than the State has remarried F33[or registered in a civil partnership], the court may not make a relief order in favour F32[of that person] in relation to a previous marriage F32[of that person].<\/p>\n<p>(3) (a) An application shall not be made to the court by a person for a relief order unless, prior to the application, the court, on application to it ex parte in that behalf by that person, has by order granted leave for the making of the first-mentioned application and the court shall not grant such leave unless it considers that there is a substantial ground for so doing and a requirement specified in section 27 is satisfied.<\/p>\n<p>(b) The court may make the grant of leave under this subsection subject to such (if any) terms and conditions as it considers appropriate and specifies in its order.<\/p>\n<p>(c) The court may grant leave under this subsection to a person notwithstanding that an order has been made by a court of a country or jurisdiction other than the State requiring the spouse concerned to make a payment or transfer property to the person.<\/p>\n<p>(d) This subsection does not apply to an application for a relief order made pursuant to a request under section 14 of the Maintenance Act, 1994.<\/p>\n<p>(4) In determining, for the purposes of this section, the financial resources of a spouse or a dependent member of the family in a case in which payments are required to be made or property is required to be transferred to the spouse or to the member by the other spouse under an order of a court of a country or jurisdiction other than the State or an agreement in writing, the court shall have regard to the extent to which the order or agreement has been complied with or, if payments are required to be made, or property is required to be transferred, after the date of the order made by virtue of this section under Part II, is likely to be complied with.<\/p>\n<p>(5) The period specified in a periodical payments order made by virtue of this section under paragraph (a) or (b) of section 8 (1) shall begin not earlier than the date of the application for the order and shall end not later than the death of either of the spouses concerned or, if the order is made on or after the dissolution of the marriage, the remarriage F34[or registration in a civil partnership] of the spouse in whose favour the order was made.<\/p>\n<p>(6) (a) Where, by virtue of this section, the court makes a periodical payments order or a secured periodical payments order on or after the dissolution of the marriage concerned, it may direct that the person in whose favour the order is made shall not apply for an order under section 18 extending the period specified in the order and, if the court so directs, such an order under section 18 shall not be made.<\/p>\n<p>(b) Where, by virtue of this section, the court makes a periodical payments order or a secured periodical payments order in favour of a spouse other than on or after the dissolution of the marriage of the spouse and the marriage is dissolved subsequently, the order, if then in force, shall cease to have effect on the remarriage F35[or registration in a civil partnership] of that spouse, except as respects payments due under it on the date of the remarriage F35[or registration in a civil partnership].<\/p>\n<p>(c) If, after the dissolution of a marriage to which this section applies, either of the spouses concerned remarries F36[or registers in a civil partnership], the court shall not, by reference to that dissolution, make by virtue of this section such an order as aforesaid, or a property adjustment order, in favour of that spouse.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F32<br \/>\nSubstituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 166(a), S.I. No. 648 of 2010.<\/p>\n<p>F33<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 166(a), S.I. No. 648 of 2010.<\/p>\n<p>F34<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 166(b), S.I. No. 648 of 2010.<\/p>\n<p>F35<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 166(c)(i), S.I. No. 648 of 2010.<\/p>\n<p>F36<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 166(c)(ii), S.I. No. 648 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E24<br \/>\nCertain gifts or inheritances taken by virtue or in consequence of maintenance pending relief orders made following the granting of leave under subs. (3) exempted from capital acquisitions tax (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1\/2003), s. 88(1) and (2)(b), 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>E25<br \/>\nCertain property transfers between spouses and civil partners pursuant to a relief order within the meaning of section exempted 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>E26<br \/>\nPrevious affecting provision: maintenance pending relief order made following the granting of leave under subs. (3) exempted from capital acquisitions tax (10.05.1997) by Finance Act 1997 (22\/1997), s. 142(1) and (2)(b), commenced on enactment; superseded (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1\/2003), s. 88(1) and (2)(b), 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<h4>Maintenance pending relief orders.<\/h4>\n<p>24.\u2014(1) Where leave is granted to a person under section 23 (3) for the making of an application for a relief order, the court may, subject to subsection (3), on application to it in that behalf by the person, if it appears to it that a spouse, or a dependent member of the family, concerned is in immediate need of financial assistance, make an order for maintenance pending relief, that is to say, an order requiring the other spouse or either of the spouses, as may be appropriate, to make to the person such periodical payments or lump sum payments for his or her support or, as may be appropriate, for the benefit of the dependent member of the family as it considers proper and, as respects any periodical payments, for such period beginning not earlier than the date of such grant and ending not later than the date of the determination of the application as it considers proper.<\/p>\n<p>(2) The court may, on application to it in that behalf, provide that payments under an order under this section shall be subject to such terms and conditions as it considers appropriate and specifies in the order.<\/p>\n<p>(3) The court shall not make an order under this section in a case where neither of the requirements specified in paragraphs (a) and (b) of section 27 (1) is satisfied.<\/p>\n<h4>Orders for provision for spouse out of estate of other spouse.<\/h4>\n<p>25.\u2014(1) Subject to the provisions of this section, where a spouse whose marriage has been dissolved in a country or jurisdiction other than the State dies, the court, on application to it in that behalf by the other spouse (\u201cthe applicant\u201d) not more than F37[6 months] after representation is first granted under the Act of 1965 in respect of the estate of the deceased spouse, may by order make such provision for the applicant out of the estate of the deceased spouse as it considers appropriate having regard to the rights of any other person having an interest in the matter and specifies in the order if it is satisfied that it was not possible to provide F38[proper provision, having regard to the circumstances,] for the applicant during the lifetime of the deceased spouse under sections 8 to 12 for any reason (other than conduct referred to in subsection (2) (i) of section 16 or desertion referred to in subsection (3) of that section by the applicant).<\/p>\n<p>(2) The court shall not make an order under this section if the applicant concerned has remarried F39[or registered in a civil partnership] since the granting of the decree of divorce concerned.<\/p>\n<p>(3) In considering whether to make an order under this section, the court shall have regard to all the circumstances of the case including\u2014<\/p>\n<p>(a) any order under paragraph (c) of section 8 (1) or a property adjustment order in favour of the applicant, and<\/p>\n<p>(b) any devise or bequest made by the deceased spouse to the applicant.<\/p>\n<p>(4) The provision made for the applicant concerned by an order under this section together with any provision made for the applicant by an order referred to in subsection (3) (a) (the value of which for the purposes of this subsection shall be its value on the date of the order) shall not exceed in total the share (if any) of the applicant in the estate of the deceased spouse to which the applicant was entitled or (if the deceased spouse died intestate as to the whole or part of his or her estate) would have been entitled under the Act of 1965 if the marriage had not been dissolved.<\/p>\n<p>(5) Section 121 of the Act of 1965 shall apply with any necessary modifications to a disposition referred to in subsection (1) of that section in respect of which the court is satisfied that it was made for the purpose of defeating or substantially diminishing the provision which the court would make for the applicant concerned under this section if the disposition had not been made.<\/p>\n<p>(6) Notice of an application under this section shall be given by the applicant to the spouse (if any) F39[, or civil partner (if any)] of the deceased spouse concerned and to such (if any) other persons as the court may direct 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 the spouse F39[or civil partner] of the deceased spouse and any other such persons as aforesaid.<\/p>\n<p>F40[(7) The personal representative of a deceased spouse in respect of whom a decree of divorce has been granted in a country or jurisdiction other than the State shall make a reasonable attempt to ensure that notice of his or her death is brought to the attention of the other spouse concerned and, where an application is made under this section, the personal representative of the deceased spouse shall not, without the leave of the court, distribute any of the estate of that spouse until the court makes or refuses to make an order under this section.<\/p>\n<p>(8) Where the personal representative of a deceased spouse in respect of whom a decree of divorce has been granted in a country or jurisdiction other than the State gives notice of his or her death to the other spouse concerned (&#8220;the spouse&#8221;) and\u2014<\/p>\n<p>(a) the spouse intends to apply to the court for an order under this section,<\/p>\n<p>(b) the spouse has applied for such an order and the application is pending, or<\/p>\n<p>(c) an order has been made under this section in favour of the spouse,<\/p>\n<p>the spouse shall, not later than one month after the receipt of the notice, notify the personal representative of such intention, application or order, as the case may be, and, if he or she does not do so, the personal representative shall be at liberty to distribute the assets of the deceased spouse, or any part thereof, amongst the parties entitled thereto.<\/p>\n<p>(9) The personal representative shall not be liable to the spouse for the assets or any part thereof so distributed unless, at the time of such distribution, he or she had notice of the intention, application or order aforesaid.<\/p>\n<p>(10) Nothing in subsection (8) or (9) shall prejudice the right of the spouse to follow any such assets into the hands of any person who may have received them.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F37<br \/>\nSubstituted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(j)(i), commenced as per s. 1(2).<\/p>\n<p>F38<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>F39<br \/>\nInserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24\/2010), s. 167, S.I. No. 648 of 2010.<\/p>\n<p>F40<br \/>\nSubstituted and inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33\/1996), s. 52(j)(ii), commenced as per s. 1(2).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E27<br \/>\nCertain gifts or inheritances taken by virtue or in consequence of orders made under section are exempted from capital acquisitions tax (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1\/2003), s. 88(1) and (2)(a), 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>E28<br \/>\nPrevious affecting provision: certain gifts or inheritances taken under orders made under section exempted from capital acquisitions tax (10.05.1997) by Finance Act 1997 (22\/1997), s. 142(1) and (2)(a), commenced on enactment; superseded (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1\/2003), s. 88(1) and (2)(a), 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<h4>Appropriateness of making relief orders in State.<\/h4>\n<p>26.\u2014The court shall not make a relief order unless it is satisfied that in all the circumstances of the particular case it is appropriate that such an order should be made by a court in the State and, without prejudice to the generality of the foregoing, in deciding whether to make a relief order, the court shall, in particular, have regard to the following matters:<\/p>\n<p>(a) the connection which the spouses concerned have with the State,<\/p>\n<p>(b) the connection which the spouses have with the country or jurisdiction other than the State in which the marriage concerned was dissolved or in which they were legally separated,<\/p>\n<p>(c) the connection which the spouses have with any country or jurisdiction other than the State,<\/p>\n<p>(d) any financial benefit which the spouse applying for the making of the order (\u201cthe applicant\u201d) or a dependent member of the family has received, or is likely to receive, in consequence of the divorce or legal separation concerned or by virtue of any agreement or the operation of the law of a country or jurisdiction other than the State,<\/p>\n<p>(e) in a case where an order has been made by a court in a country or jurisdiction other than the State requiring a spouse, or the spouses, concerned to make any payment or transfer any property for the benefit of the applicant or a dependent member of the family, the financial relief given by the order and the extent to which the order has been complied with or is likely to be complied with,<\/p>\n<p>(f) any right which the applicant or a dependent member of the family has, or has had, to apply for financial relief from a spouse or the spouses under the law of any country or jurisdiction other than the State and, if the applicant or dependent member of the family has omitted to exercise any such right, the reason for that omission,<\/p>\n<p>(g) the availability in the State of any property in respect of which a relief order in favour of the applicant or dependent member of the family could be made,<\/p>\n<p>(h) the extent to which the relief order is likely to be enforceable,<\/p>\n<p>(i) the length of time which has elapsed since the date of the divorce or legal separation concerned.<\/p>\n<h4>Jurisdiction of court to make relief orders.<\/h4>\n<p>27.\u2014(1) Subject to subsection (2), the court may make a relief order if, but only if, at least one of the following requirements is satisfied:<\/p>\n<p>(a) either of the spouses concerned was domiciled in the State on the date of the application for an order under section 23 (3) in relation to the relief order or was so domiciled on the date on which the divorce or judicial separation concerned took effect in the country or jurisdiction in which it was obtained,<\/p>\n<p>(b) either of the spouses was ordinarily resident in the State throughout the period of one year ending on either of the dates aforesaid,<\/p>\n<p>(c) on the date of the institution of the proceedings aforesaid either or both of the spouses had a beneficial interest in land situated in the State.<\/p>\n<p>(2) Subsection (1) does not apply in relation to a case to which the Jurisdiction of Courts and Enforcement of Judgments Acts, 1988 and 1993, apply or to a relief order that is the subject of a request under section 14 of the Maintenance Act, 1994.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E29<br \/>\nJurisdiction of Courts and Enforcement of Judgments Acts 1988 and 1993 were repealed (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52\/1998), s. 23(a) and (b), S.I. No. 353 of 1999.<\/p>\n<h4>Restriction of jurisdiction of court to make relief orders.<\/h4>\n<p>28.\u2014(1) Where the jurisdiction of the court to make a relief order is conferred by virtue only of section 27 (1) (c), the court may make any of the following relief orders, but no others:<\/p>\n<p>(a) a lump sum order,<\/p>\n<p>(b) a property adjustment order providing for one or more of the matters specified in paragraphs (b), (c) and (d) of section 9 (1),<\/p>\n<p>(c) an order under section 14,<\/p>\n<p>(d) an order under section 25,<\/p>\n<p>(e) an order directing the sale of the interest of either of the spouses concerned in the family home concerned.<\/p>\n<p>(2) Where, in the circumstances referred to in subsection (1), the court makes one or more lump sum orders, the amount or aggregate amount of the sum or sums to which the order or orders relate shall not exceed\u2014<\/p>\n<p>(a) in case the interest of the spouse liable to make the payment or payments under the order or orders in the family home concerned is sold whether in pursuance of an order of the court or otherwise, the amount of the proceeds of the sale after deduction therefrom of the costs thereof, or<\/p>\n<p>(b) in any other case, such amount as, in the opinion of the court, represents the value of that interest.<\/p>\n<p>(3) The reference in subsection (1) (e) to the interest of either of the spouses concerned shall, in relation to a case where the interest of a spouse in the family home concerned is held under a joint tenancy or a tenancy in common with another person or other persons, be construed as including a reference to the interest of the other person or persons in the home.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11534\" data-postid=\"11534\" class=\"themify_builder_content themify_builder_content-11534 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Broad Criteria The judicial separation and divorce legislation set out broadly equivalent criteria to guide the courts in the exercise of their powers for the division of assets on judicial separation and divorce.\u00a0The court is to have regard to the income, earning capacity, property and other financial resources which each spouse has or is likely [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[102],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11534"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11534"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11534\/revisions"}],"predecessor-version":[{"id":32927,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11534\/revisions\/32927"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11534"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11534"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11534"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}