Family Law (Maintenance of Spouses and Children) Act 1976

F40[Preservation of pension entitlements in separation agreements.


8B.(1) Subject to the provisions of this section, on an application to the High Court or the Circuit Court under section 8 of this Act, the Court may, on application to it in that behalf by either of the spouses concerned, make an order directing the trustees of a pension scheme of which either or both of the spouses are members, not to regard the separation of the spouses by agreement as a ground for disqualifying either of them 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 when the benefit becomes payable.

(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 order made, or proposed to be made, by it in relation to the application by the spouse or spouses concerned under section 8 of this Act and any representations made by those trustees in relation to the matter.

(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 proportions and such manner as the Court may determine.

(4) In this section pension scheme has the meaning assigned to it by the Family Law Act, 1995.]




Inserted (1.08.1996) by Family Law Act 1995 (26/1995), s. 43(c), S.I. No. 46 of 1996.