The Family Law Act, 1995 sets out the treatment of pensions in cases of judicial separation, and the Family Law (Divorce) Act, 1996 makes similar provisions in relation to divorce proceedings. These requirements now also apply to civil partners and qualified cohabitants.
There are a number of cases where the provisions of the Family Law Acts do not apply as follows:
(i) For judicial separations granted before 1st August 1996.
(ii) For foreign divorces granted before 1st August 1996.
(iii) For Irish divorces granted before 27th February 1997.
(iv) For separations which are not judicial i.e., separation by
The Family Law Acts do not have any impact on entitlements to State pensions. Pension benefits arising from participation in an overseas pension arrangement fall within the scope of the legislation.