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| PENSION PROVISIONS ARISING OUT OF SEPARATIONS |
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| Parties may receive Pension income from a number of sources on retirement. |
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| State Pensions |
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| Private Pensions |
Designed for those who do not have access to an occupational Pension. These may be either Personal Pension Plans or Personal Retirement Savings Accounts (PRSAs).
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| Occupational Pensions |
Provided through the Employer sponsored Pension Schemes.
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| Spouse’s Provision – |
Your Spouse may have income from any of the above three sources. In addition a Spouse’s arrangement may provide an income from you in the event of his/her death. Pension entitlements of parties arising from Occupational or Personal Pension arrangements can be affected by Separation or a Divorce. The Family Law Act 1995 sets out the treatment of Pensions in case of Judicial Separation and the Family Law Divorce Act 1996 makes similar provisions in relation to Divorce Proceedings. The Pension Board has produced a booklet - “Brief Guide to the Pension Provisions of the Family Law Acts” and for more detailed information, you should refer to this Guide. The Authority for Pensions is with the Pensions Board and their website is www.pensionsboard.ie. The Family Law Acts require Pension benefits to be taken into account in arriving at a financial settlement in the case of Judicial Separation or a Divorce. The Court can make Orders in one of two ways: |
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| Pension Adjustment Order |
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By making Orders in relation to some other assets , for example family home savings. |
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| What is a Pensions Adjustment Order? |
| A Pensions Adjustment Order is served on the Trustees of the Scheme and is binding on the Trustees. A Pensions Adjustment Order designates “part of the benefits which will be paid from the Scheme to a non member Spouse or person representing a dependent child”. The part of the Pension that is so designated is decided by the Courts. |
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| What cases would the Family Law Acts not apply? |
| A number of cases where the Family Law Acts do not apply and they are: |
 | Judicial Separations granted before 1st August 1996. |
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| Foreign Divorce granted before the 1st August 1996. |
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| Irish Divorces granted before 27th February 1997 |
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| For Separations which are not Judicial, for example Separations by Agreement. |
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 For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
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