Pension Adjustment Orders: Notice to Trustees

Family law proceedings for a judicial separation/divorce are initiated by way of family law civil bill in the Circuit Court (save where there are substantial assets involved, in which case High Court proceedings may be undertaken).

If a party to the proceedings wishes to seek a pension adjustment order and pension preservation order under the Family Law Act 1995 or the Family Law (Divorce) Act 1996, notice must be served giving notice to the trustees of the pension scheme in question. In deciding whether to make such an order, and in determining the provisions of the order, the court must have regard to any representations made by the trustees (under section 12(18) of the 1995 Act or section 17(18) of the 1996 Act and paragraph 78 of the guidance notes issued by the Pensions Board, 1997). The scheme administrators may be asked if they wish to make representations to the court. Failure to notify the trustees may mean that the court cannot make the required pension adjustment order and would at the very least, involve an adjournment application.