(3)Section 6(7)(b)(iii)(II) of the Act of 1996 is amended by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.
\n
(4)The First Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3(1)(a): “(aa) the donor’s civil partner, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.
\n
(5)Part I of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 2A (inserted by the Family Law (Divorce) Act 1996 ): “2B. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.
\n
(6)Part II of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3: “4. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.
\n
Amendment of Civil Liability Act 1961.
\n
105.— Paragraph (a) of the definition “dependant” in section 47
\n
(1)(as amended by section 1
\n
(1)of the Civil Liability (Amendment) Act 1996 ) of the Civil Liability Act 1961 is amended by inserting “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.
\n
Determination of questions between civil partners in relation to property.
\n
106.— (1) Either civil partner may apply to the court in a summary manner to determine a question arising between them as to the title to or possession of property.
\n
(2)The court may, on application to it under subsection (1)— (a) make the order it considers proper with respect to the property in dispute (including an order that the property be sold or partitioned), and as to the costs consequent on the application, and (b) direct the inquiries, and give the other directions, it considers proper in relation to the application.
\n
(3)A civil partner or a child of a deceased person who was a civil partner before death may make an application under subsection (1) when he or she is of the view that the conditions specified in subsection (4) are present.
\n
(4)The conditions for an application under subsection (3) are: (a) the applicant claims that the other civil partner has possessed or controlled— (i) money to which, or a share of which, the applicant was beneficially entitled whether because it represented the proceeds of sale of property to which, or to an interest in which, the applicant was beneficially entitled or for any other reason, or (ii) property other than money to which, or to an interest in which, the applicant was beneficially entitled; and (b) the money or the property has ceased to be in the possession or under the control of the other civil partner or the applicant does not know whether it is still in the possession or under the control of the other civil partner.
\n
(5)If the court is satisfied on an application under subsections (1) and (3) of the matters specified in subsection (6), the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of that order, make an order requiring the other civil partner to pay to the applicant— (a) a sum in respect of the money to which the application relates, or the applicant’s proper share of it, or (b) a sum in respect of the value of the property other than money, or the applicant’s proper share of it.
\n
(6)For the purposes of subsection (5), the court must be satisfied that— (a) the other civil partner possesses or controls, or has possessed or controlled, money or other property referred to in subsection (4)(a)(i) or (ii), and (b) the other civil partner has not made to the applicant a payment or disposition other than a testamentary disposition that would have been appropriate in the circumstances.
\n
(7)A person (other than the applicant or the other civil partner) who is a party to proceedings under this section shall be treated as a stakeholder only, for the purposes of costs or any other matter.
\n
(8)In this section, references to a civil partner include references to— (a) a personal representative of a deceased civil partner, and (b) either of the parties to a void civil partnership, whether or not it has been the subject of a decree of nullity granted under section 107 .
\n
PART 11
\n
Nullity of Civil Partnership Grant of decree of nullity.
\n
107.— On application to it in that behalf by either of the civil partners or by another person who, in the opinion of the court, has sufficient standing in the matter, the court may grant a decree of nullity if satisfied that at the time the civil partners registered in a civil partnership— (a) either or both of the parties lacked the capacity to become the civil partner of the other for any reason, including— (i) either or both of the parties was under the age of eighteen years, (ii) either or both of the parties was already a party to a valid marriage, and (iii) either or both of the parties was already registered in a relationship with another person which was entitled to be recognised as a civil partnership in the State in accordance with section 5 and which had not been dissolved, (b) the formalities for the registration of the civil partnership were not observed, (c) either or both of the parties did not give free and informed consent to the civil partnership registration for any reason, including— (i) the consent was given under duress, (ii) the consent was given under undue influence, (iii) the party or parties did not intend, at the time of the registration, to accept the other as a civil partner in accordance with the law, and (iv) either or both of the parties was unable to give informed consent, as attested by a consultant psychiatrist within the meaning of section 2
\n
(1)of the Mental Health Act 2001 , (d) the parties were within the prohibited degrees of relationship within the meaning of the Third Schedule to the Civil Registration Act 2004 (as inserted by section 26 of this Act), or (e) the parties were not of the same sex.
\n
Effect of decree of nullity.
\n
108.— (1) Where the court grants a decree of nullity, the civil partnership is declared not to have existed and either civil partner may register in a new civil partnership or marry.
\n
(2)The rights of a person who relied on the existence of a civil partnership which is subsequently the subject of a decree of nullity are not prejudiced by that decree.
\n
PART 12
\n
Dissolution of Civil Partnership Definitions, etc.
\n
109.— (1) In this Part— “ court ” shall be construed in accordance with section 140 ; “ decree of dissolution ” means a decree under section 110 ; “ decree of nullity ” means a decree granted by a court under section 107 declaring a civil partnership to be void; “ financial compensation order ” means an order under section 120 ; “ lump sum order ” means an order under section 117
\n
(1)(c); “ maintenance pending suit order ” means an order under section 116 ; “ member ” in relation to a pension scheme, means a person who, having been admitted to membership of the scheme under its rules, remains entitled to any benefit under the scheme; “ pension adjustment order ” means an order under sections 121 to 126 ; “ pension scheme ” means— (a) an occupational pension scheme within the meaning of the Pensions Act 1990 , (b) an annuity contract approved by the Revenue Commissioners under section 784 of the Taxes Consolidation Act 1997 , or a contract so approved under section 785 of that Act, (c) a trust scheme, or part of a trust scheme, approved under section 784
\n
(4)or 785
\n
(5)of the Taxes Consolidation Act 1997 , (d) a policy or contract of assurance approved by the Revenue Commissioners under Chapter 1 of Part 30 of the Taxes Consolidation Act 1997 , or (e) another 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: (i) benefits for a person who is a member of the scheme or arrangement upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving or upon the ceasing of the relevant employment, and (ii) benefits for the widow, widower or dependants of the person referred to in subparagraph (i), for his or her civil partner or the person that was his or her civil partner until the death of the person referred to in subparagraph (i) or for any other persons, on the death of that person; “ periodical payments order ” means an order under section 117
\n
(1)(a); “ property adjustment order ” means an order under section 118 ; “ secured periodical payments order ” means an order under section 117
\n
(1)(b); “ shared home ” has the meaning assigned to it in
\n
Part 4
\n
, with the modification that the references to a civil partner in that Part shall be construed as references to a civil partner within the meaning of this Part; “ trustees ”, in relation to a scheme that is established under a trust, means the trustees of the scheme and, in relation to a pension scheme not established under a trust, means the persons who administer the scheme.
\n
(2)In this Part, where the context so requires— (a) a reference to a civil partnership includes a reference to a civil partnership that has been dissolved under this Part, (b) a reference to a registration in a new civil partnership includes a reference to a registration in a civil partnership that takes place after a civil partnership that has been dissolved under this Part, and (c) a reference to a civil partner includes a reference to a person who was a civil partner in a civil partnership that has been dissolved under this Part.
\n
Grant of decree of dissolution.
\n
110.— Subject to the provisions of this Part, the court may, on application to it in that behalf by either of the civil partners, grant a decree of dissolution in respect of a civil partnership if it is satisfied that— (a) at the date of the institution of the proceedings, the civil partners have lived apart from one another for a period of, or periods amounting to, at least two years during the previous three years, and (b) provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners.
\n
Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.
\n
111.— (1) The court may adjourn or further adjourn proceedings under section 110 at any time for the purpose of enabling the civil partners to attempt, if they both so wish, with or without the assistance of a third party— (a) to reconcile, or (b) to reach agreement on some or all of the terms of the proposed dissolution.
\n
(2)Either or both of the civil partners may at any time request that the hearing of proceedings adjourned under subsection (1) be resumed as soon as may be and, if that request is made, the court shall, subject to any other power of the court to adjourn proceedings, resume the hearing.
\n
(3)The powers conferred by this section are additional to any other power of the court to adjourn proceedings.
\n
(4)The court may, at its discretion when adjourning proceedings under this section, advise the civil partners to seek the assistance of a mediator or other third party in relation to the civil partners’ proposed reconciliation or reaching of an agreement between them on some or all of the terms of the proposed dissolution.
\n
Non-admissibility as evidence of certain communications.
\n
112.— The following are not admissible as evidence in any court: (a) an oral or written communication between either of the civil partners and a third party, whether or not made in the presence or with the knowledge of the other civil partner, for the purpose of— (i) seeking assistance to effect a reconciliation, or (ii) reaching agreement between them on some or all of the terms of a dissolution; and (b) any record of such a communication, made or caused to be made by either of the civil partners concerned or the third party.
\n
Effect of decree of dissolution.
\n
113.— Where the court grants a decree of dissolution, the civil partnership is thereby dissolved and either civil partner may register in a new civil partnership or marry.
\n
Interpretation.
\n
114.— An order made under any of sections 115 to 128 that refers to a civil partner shall be construed as including a person who was a civil partner until the dissolution of the civil partnership under this Part.
\n
Preliminary orders in proceedings for dissolution.
\n
115.— Where an application is made to the court for the grant of a decree of dissolution, 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 any other Act, if it appears to the court to be proper to do so, make one or more of the following orders: (a) a safety order, a barring order, an interim barring order or a protection order under the Domestic Violence Acts 1996 and 2002, as amended by
\n
Part 9
\n
of this Act; and (b) an order under section 30 or section 34 .
\n
Maintenance pending suit orders.
\n
116.— (1) Where an application is made to the court for the grant of a decree of dissolution, the court may make an order requiring either of the civil partners to make to the other periodical payments or lump sum payments for support that the court considers proper and specifies in the order.
\n
(2)Periodical payments ordered under subsection (1) may be for the period beginning not earlier than the date of the application and ending not later than the date of its determination that the court specifies in the order.
\n
Periodical payments and lump sum orders.
\n
117.— (1) On granting a decree of dissolution or at any other time after granting the decree, the court, on application to it in that behalf by either of the civil partners may, during the lifetime of either of the civil partners, make one or more of the following orders: (a) an order that either of the civil partners make to the other the periodical payments in the amounts, during the period and at the times that may be specified in the order; (b) an order that either of the civil partners secure to the other, to the satisfaction of the court, the periodical payments of the amounts, during the period and at the times that may be specified in the order; and (c) an order that either of the civil partners make to the other a lump sum payment or lump sum payments of the amount or amounts and at the time or times that may be specified in the order.
\n
(2)The court may order a civil partner to pay a lump sum to the other civil partner to meet any liabilities or expenses reasonably incurred by the other civil partner in maintaining himself or herself before the making of an application by the other civil partner for an order under subsection (1).
\n
(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 the amounts that may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
\n
(4)The period specified in an order under subsection (1) (a) or (b) shall begin not earlier than the date of the application for the order and shall end not later than the death of the first civil partner to die.
\n
(5)An order made under subsection (1) (a) or (b) ceases to have effect on the date of entry into a new civil partnership or marriage of the civil partner in whose favour the order was made, except as respects payments due under it on that date.
\n
(6)The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.
\n
(7)The court that makes an order under subsection (1) (a) shall, in the same proceedings, make an attachment of earnings order under
\n
Part 6
\n
to secure payments under the order if it is satisfied, after taking into consideration any representations on the matter made to it by the civil partner ordered to make payments under that subsection, that— (a) the order is desirable to secure payments under an order under subsection (1) (a) and any variations and affirmations of that order, and (b) the person against whom the attachment of earnings order is made is a person to whom earnings fall to be paid.
\n
Property adjustment orders.
\n
118.— (1) On granting a decree of dissolution or at any other time after the decree is granted, the court, on application to it in that behalf by either of the civil partners may, during the lifetime of either of the civil partners, make one or more of the following orders: (a) an order transferring specified property in which a civil partner has an interest either in possession or reversion from that civil partner to the other; (b) an order settling specified property in which a civil partner has an interest either in possession or reversion for the benefit of the other, to the satisfaction of the court; (c) an order varying an ante-registration or post-registration settlement made by the civil partners, including one made by will or codicil, for the benefit of one of the civil partners; and (d) an order extinguishing or reducing the interest of either of the civil partners under such a settlement.
\n
(2)An order under subsection (1) (b), (c) or (d) may restrict to a specified extent or may exclude the application of section 131 in relation to the order.
\n
(3)If, after the grant of the decree of dissolution, either of the civil partners registers in a new civil partnership or marries, the court shall not make an order under subsection (1) in favour of that civil partner.
\n
(4)The registrar or clerk of the court that makes an order under subsection (1) in relation to land shall lodge with the Property Registration Authority a copy of the order certified to be a true copy for registration in the Registry of Deeds or Land Registry, as appropriate.
\n
(5)Where a property adjustment order lodged under subsection (4) and registered pursuant to section 69
\n
(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— (a) cancel the entry made in the register under the Registration of Title Act 1964 , or (b) note compliance with the order in the Registry of Deeds.
\n
(6)The court may order a person other than the person directed by an order under subsection (1) to execute a deed or instrument in the name of the person who had been directed to do so if— (a) that person refuses or neglects to comply with the direction, or (b) the court considers it necessary to do so for another reason.
\n
(7)A deed executed by a person in the name of another person pursuant to an order under subsection (6) is as valid as if it had been executed by the person who had been originally directed to do so.
\n
(8)The court may determine the manner in which the costs incurred in complying with an order under this section are to be borne, including by one or the other of the civil partners or by both of them in the proportions that the court may determine.
\n
(9)This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.
\n
Miscellaneous ancillary orders.
\n
119.— (1) On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners may, during the lifetime of either of the civil partners, make one or more of the following orders: (a) an order providing for the conferral on one civil partner, either for life or for another specified definite or contingent period that the court may specify, of the right to occupy the shared home to the exclusion of the other civil partner; (b) an order directing the sale of the shared home subject to the conditions that the court considers proper and providing for the disposition of the proceeds of the sale between the civil partners and any other person with an interest in it; (c) an order under section 30 , 33 , 34 or 106 ; (d) an order under the Domestic Violence Acts 1996 and 2002 as amended by
\n
Part 9
\n
; and (e) an order for the partition of property or under the Partition Act 1868 and the Partition Act 1876.
\n
(2)The court, in exercising its jurisdiction under subsection (1) (a) or (b) shall have regard to the welfare of the civil partners and, in particular, shall take into consideration— (a) that, where a decree of dissolution is granted, it is not possible for the civil partners to reside together, and (b) that proper and secure accommodation should, where practicable, be provided for a civil partner who is wholly or mainly dependent on the other civil partner.
\n
(3)Subsections (1) (a) and (b) do not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.
\n
Financial compensation orders.
\n
120.— (1) If the court is of the view that one of the reasons set out in subsection (2) exists, the court, on application to it in that behalf by either of the civil partners, during the lifetime of either of the civil partners, may make, on granting a decree of dissolution or at any time after granting it, one or more of the following orders: (a) an order requiring the other civil partner to effect a policy of life insurance for the benefit of the applicant civil partner; (b) an order requiring the other civil partner to assign to the applicant the whole or a specified part of the interest in a policy of life insurance that he or she has effected or that both of the civil partners have effected; and (c) an order requiring the other civil partner to make or to continue to make to the person by whom a policy of life insurance is or was issued the payments which he or she or both of the civil partners is or are required to make under the terms of the policy.
\n
(2)The reasons referred to in subsection (1) are: (a) the financial security of the applicant can be provided for if the order is made; and (b) the forfeiture by the applicant of the opportunity of acquiring a benefit (for example a benefit under a pension scheme) by reason of the decree of dissolution can be compensated wholly or partly by making the order.
\n
(3)The court may make an order under subsection (1) in addition to or in substitution in whole or in part for orders under sections 117 , 118 , 119 or 121 and, in deciding whether or not to make the order, the court shall have regard to whether proper provision, having regard to the circumstances, exists, or can be made, for the civil partner concerned by orders under those sections.
\n
(4)An order made under subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or death of the applicant.
\n
(5)The court shall not make an order under this section in favour of a civil partner who has entered into a new civil partnership or has married.
\n
(6)An order under section 131 in relation to an order made under subsection (1) (a) or (b) may make the provision that the court considers appropriate in relation to the disposal of— (a) an amount representing any accumulated value of the insurance policy effected pursuant to the order under subsection (1) (a), or (b) the interest or part of the interest to which the order under subsection (1) (b) relates.
\n
Pension adjustment orders.
\n
121.— (1) In this section and sections 122 to 126 — “ Act of 1990 ” means the Pensions Act 1990 ; “ active member ” in relation to a scheme, means a member of the scheme who is in reckonable service; “ actuarial value ” means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of the 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 beyond in accordance with normal life expectancy on the assumption that the member, at the effective date of calculation, is in a normal state of health having regard to his or her age; “ approved arrangement ”, 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; “ contingent benefit ” means a benefit payable under a scheme, other than a payment under section 123
\n
(4), to or for the benefit of the surviving civil partner, any dependants of the member civil partner or the personal representative of the member civil partner, if the member civil partner dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the scheme; “ defined contribution scheme ” has the meaning assigned to it by section 2(1) (as amended by section 29
\n
(1)(a)(ii) of the Social Welfare and Pensions Act 2008 ) of the Act of 1990; “designated benefit” in relation to a pension adjustment order, means an amount determined by the trustees of a scheme, in accordance with relevant guidelines and by reference to the period and the percentage of the retirement benefit specified in an order under subsection (2); “ member civil partner ” in relation to a scheme, means a civil partner who is a member of the scheme; “ normal pensionable age ” 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 rules providing for early retirement on grounds of ill health or otherwise; “ occupational pension scheme ” has the meaning assigned to it by section 2(1) of the Act of 1990; “ reckonable service ” means service in relevant employment during membership in any scheme; “relevant guidelines” means any relevant guidelines for the time being in force under section 10(1)(c) or (cc) (as amended by section 5 of the Pensions (Amendment) Act 1996 , section 47 (c) of the Family Law (Divorce) Act 1996 , section 13 (b) of the Pensions (Amendment) Act 2002 and section 37 of the Social Welfare and Pensions Act 2007 ) of the Act of 1990; “relevant employment” 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; “ retirement benefit ”, in relation to a scheme, means all benefits, other than contingent benefits, payable under the scheme; “ rules ”, in relation to a scheme, means the provisions of the scheme by whatever name called; “ scheme ” means a pension scheme; “ transfer amount ” shall be construed in accordance with subsection (4); “ undertaking ” has the same meaning as “ ‘insurance undertaking’ or ‘undertaking’ ” in section 2
\n
(1)(as inserted by section 3
\n
(1)of the Insurance Act 2000 ) of the Insurance Act 1989 .
\n
(2)On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners, may, during the lifetime of a member civil partner, make an order providing for the payment, in accordance with this section and sections 122 to 126 , to the other civil partner of a benefit consisting of the part of the benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme and has accrued at the time of the making of the decree, or of the part of that part that the court considers appropriate.
\n
(3)The order under subsection (2) shall specify— (a) the period of reckonable service of the member civil partner prior to the granting of the decree to be taken into account, and (b) the percentage of the retirement benefit accrued during the period to be paid to the other civil partner.
\n
(4)Where the court makes an order under subsection (2) in favour of a civil partner and payment of the designated benefit concerned has not commenced, the civil partner is entitled to the application in accordance with section 123
\n
(1)of an amount of money from the scheme (in this subsection referred to as a “ transfer amount ”) equal to the value of the designated benefit as determined by the trustees of the scheme in accordance with relevant guidelines.
\n
(5)On granting a decree of dissolution or at any time within one year after it is granted, the court, on application to it in that behalf by either of the civil partners, may make an order providing for the payment, on the death of the member civil partner, to the other civil partner of that part of a contingent benefit that is payable (or that, but for the making of the decree, would have been payable) under the scheme, or of the part of that part, that the court considers appropriate.
\n
(6)The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership or has married.
\n
(7)The court may make an order under this section in addition to or in substitution in whole or in part for an order under section 117 , 118 , 119 or 120 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 civil partner who is not a member under those sections.
\n
(8)An order under this section may restrict to a specified extent or exclude the application of section 131 in relation to the order.
\n
Procedural provisions respecting pension adjustment orders.
\n
122.— (1) A person who makes an application under section 121
\n
(2)or (5) or an application for an order under section 131
\n
(2)in relation to an order under section 121
\n
(2)shall give notice of the application to the trustees of the scheme. The court shall, in deciding whether to make the order and in determining the provisions of the order, have regard to representations made by the persons to whom notice has been given under this section or section 141 .
\n
(2)An order referred to in subsection (1) ceases to have effect on the entry into a new civil partnership, marriage or death of the applicant.
\n
(3)The court may, in making an order referred to in subsection (1), give to the trustees of the scheme any directions that it considers appropriate, including a direction that would require the trustees not to comply with the rules of the scheme or the Act of 1990.
\n
(4)The registrar or clerk of the court that makes an order referred to in subsection (1) shall cause a copy of the order to be served on the trustees of the scheme.
\n
Rules respecting payments under schemes.
\n
123.— (1) Subject to section 124
\n
(4), the trustees of a scheme in respect of which an order has been made under section 121
\n
(2)shall, where the conditions set out in subsection (2) are present, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines— (a) if the trustees and the civil partner so agree, in providing a benefit for or in respect of the civil partner that is of the same actuarial value as the transfer amount, or (b) in making a payment, at the option of the civil partner— (i) to another occupational pension scheme whose trustees agree to accept the payment, or (ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.
\n
(2)The conditions referred to in subsection (1) are: (a) the court has made an order under section 121
\n
(2)in favour of the civil partner; (b) payment of the designated benefit has not commenced; (c) the civil partner has applied to the trustees in that behalf; and (d) the civil partner furnishes the information that the trustees require.
\n
(3)Subject to section 124
\n
(4), trustees of a defined contribution scheme in respect of which an order has been made under section 121
\n
(2)may, if the civil partner has not made an application under subsections (1) and (2), apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines to make a payment, at their option— (a) to another occupational pension scheme whose trustees agree to accept the payment, or (b) to discharge another payment falling to be made by the trustees under any such other approved arrangement.
\n
(4)Subject to section 124
\n
(4), the trustees of a scheme in respect of which an order has been made under section 121
\n
(2)shall, within 3 months of the death of a member civil partner who dies before the payment of the designated benefit has commenced, provide for the payment to the other civil partner of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.
\n
(5)Subject to section 124
\n
(4), the trustees of a scheme in respect of which an order has been made under section 121
\n
(2)may, if the member civil partner ceases to be a member otherwise than on death, apply, in accordance with relevant guidelines, the transfer amount under the scheme, at their option— (a) if the trustees and the other civil partner so agree, in providing a benefit for or in respect of that civil partner that is of the same actuarial value as the transfer amount, or (b) in making a payment, either— (i) to another occupational pension scheme whose trustees agree to accept the payment, or (ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.
\n
(6)Subject to section 124
\n
(4), the trustees of a scheme in respect of which an order has been made under section 121
\n
(2)shall, within 3 months of the death of the civil partner who is not the member and who dies before payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.
\n
(7)Subject to section 124
\n
(4), the trustees of a scheme in respect of which an order has been made under section 121
\n
(2)shall, within 3 months of the death of the civil partner who is not the member and who dies after payment of the designated benefit has commenced, provide for the payment to the personal representative of that civil partner of an amount that is equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit that, but for the death of that civil partner, would have been payable to him or her during his or her lifetime.
\n
(8)The trustees of a scheme in respect of which an order has been made under section 121
\n
(2)or (5) shall, within 12 months of the member civil partner’s ceasing to be a member, notify the registrar or clerk of the court and the other civil partner of the cessation, if the trustees have not applied the transfer amount in accordance with any of subsections (1) to (6).
\n
(9)The trustees of a scheme who apply a transfer amount under subsection (3) or (5) shall notify the civil partner who is not the member and the registrar or clerk of the court, giving particulars to that civil partner of the scheme and the transfer amount.
\n
Payments further to orders under section 121 .
\n
124.— (1) A benefit payable pursuant to an order made under section 121
\n
(2), or a contingent benefit payable pursuant to an order made under section 121
\n
(5), is payable out of the resources of the scheme and, unless the order or relevant guidelines provide otherwise, in accordance with the rules of the scheme and those guidelines.
\n
(2)The amount of retirement benefit payable to the member civil partner, or the amount of contingent benefit payable to or in respect of the member civil partner, in accordance with the rules of the relevant scheme shall be reduced by the designated benefit or contingent benefit payable pursuant to an order made under section 121
\n
(2)or (5), as the case may be, to the other civil partner.
\n
(3)The amount of contingent benefit payable in accordance with the rules of the scheme in respect of a member civil partner who dies before the payment of the designated benefit payable pursuant to an order under section 121
\n
(2)has commenced shall be reduced by the amount of the payment made under section 123
\n
(4).
\n
(4)Trustees who make a payment or apply a transfer amount under any of subsections (1) to (7) of section 123 are discharged from any obligation to make further payment or apply another transfer amount under any of those subsections in respect of the benefit payable pursuant to the order made under section 121
\n
(2).
\n
(5)A trustee is not liable for any loss or damage caused by complying with a direction referred to in section 122
\n
(3)rather than the rules of the scheme or the Act of 1990.
\n
Costs.
\n
125.— (1) The court may determine the manner in which the costs incurred by the trustees of a scheme further to an order under section 121 are to be borne, including by one or the other of the civil partners or by both of them in the proportions that the court may determine, and in default of a determination, the civil partners shall bear those costs equally.
\n
(2)The court may, on application to it by the trustees, order that an amount ordered to be paid by a civil partner under subsection (1) that has not been paid be deducted from any benefits payable to the civil partner— (a) pursuant to an order made under section 121 , if the civil partner is the beneficiary of the order; and (b) pursuant to the scheme, if the civil partner is the member civil partner.
\n
Other provisions for orders under section 121 .
\n
126.— (1) Section 54 of the Act of 1990 and regulations made under that section apply with any necessary modifications to a scheme if proceedings for the grant of a decree of dissolution to which a member civil partner is a party have been instituted, and continue to apply notwithstanding the grant of the decree of dissolution.
\n
(2)For the purposes of this section and sections 121 to 125 , the court may, of its own motion, and shall, if so requested by either of the civil partners or another concerned person, direct the trustees of the scheme to provide the civil partners or the other person and the court, within a specified period— (a) with a calculation of the value and amount, determined in accordance with relevant guidelines, of the retirement benefit or contingent benefit that is payable or that, but for the making of the order for the decree of dissolution, would have been payable under the scheme and has accrued at the time of making the order, and (b) with a calculation of the amount of the contingent benefit that is payable or that, but for the making of the order for the decree of dissolution concerned, would have been payable, under the scheme.
\n
Applications for provision from estate of deceased civil partner.
\n
127.— (1) A civil partner may, after the death of his or her civil partner but not more than 6 months after representation is first granted under the Succession Act 1965 in respect of that civil partner’s estate, apply for an order under this section for provision out of the estate.
\n
(2)The court may by order make the provision for the applicant that the court considers appropriate having regard to the rights of any other person having an interest in the matter, if the court is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased for any reason other than conduct by the applicant that, in the opinion of the court, it would in all the circumstances be unjust to disregard.
\n
(3)The court shall not make an order under this section in favour of a civil partner who has registered in a new civil partnership, or has married, since the granting of the decree of dissolution.
\n
(4)In considering whether to make an order under this section, the court shall have regard to all the circumstances of the case, including— (a) any order made under section 117
\n
(1)(c) or a property adjustment order made under section 118 in favour of the applicant, and (b) any devise or bequest made by the deceased in favour of the applicant.
\n
(5)The total value for the applicant of the provision made by an order referred to in subsection (4) (a) on the date on which that order was made and an order made under this section shall not exceed any share of the applicant in the estate of the deceased civil partner to which the applicant was entitled or, if the deceased civil partner died intestate as to the whole or part of his or her estate, would have been entitled, if the civil partnership had not been dissolved, under the Succession Act 1965 as amended by
\n
Part 8
\n
.
\n
(6)The applicant shall give notice of an application under this section to any spouse or other civil partner of the deceased and to any other persons that the court may direct and, in deciding whether to make the order and in determining the provisions of the order, the court shall have regard to any representations made by any of those persons.
\n
(7)The personal representative of a deceased civil partner in respect of whom a decree of dissolution has been granted shall make a reasonable attempt to ensure that notice of the death is brought to the attention of the other civil partner concerned and, where an application is made under this section, that personal representative shall not, without leave of the court, distribute any of the estate of the deceased civil partner until the court makes or refuses to make an order under this section.
\n
(8)A civil partner shall notify the personal representative of the deceased civil partner not later than one month after receipt of the notice referred to in subsection (7) if the other civil partner— (a) intends to apply for an order under this section, (b) has applied for an order under this section and the application is pending, or (c) has successfully obtained an order under this section.
\n
(9)If the civil partner does not notify the personal representative as required by subsection (8), the personal representative may distribute the assets of the deceased civil partner or any part of them amongst the persons entitled to them and is not liable to the civil partner for that distribution.
\n
(10)Nothing in this section prejudices the rights of the civil partner to follow assets into the hands of a person who has received them.
\n
(11)On granting a decree of dissolution or at any other time after it is granted, the court, on application to it in that behalf by either of the civil partners, may make an order that either or both of the civil partners may not, on the death of either of them, apply for an order under this section, if the court considers it just to do so.
\n
(12)In this section, “ civil partner ” means a civil partner whose civil partnership has been dissolved.
\n
Orders for sale of property.
\n
128.— (1) The court may make an order directing the sale of property specified in the order if— (a) the property is property in which, or in the proceeds of sale of which, either or both of the civil partners has a beneficial interest, either in possession or reversion, and (b) the court makes or has made a secured periodical payments order, a lump sum order or a property adjustment order.
\n
(2)The court shall not exercise its jurisdiction under subsection (1) in a way that would affect a civil partner’s right to occupy the shared home by virtue of an order under this Act.
\n
(3)An order under subsection (1) may contain the consequential and supplementary provisions that the court considers appropriate, including provisions— (a) specifying the manner of sale and some or all of the conditions applying to the sale of the property, (b) requiring the property to be offered for sale to a person or class of persons specified in the order, (c) directing that the order, or a specified part of it, not take effect until the occurrence of a specified event or the expiration of a specified period, (d) requiring the making of a payment or payments, whether periodically or in a lump sum, to a specified person out of the proceeds of the sale of the property, and (e) specifying the manner in which the proceeds of the sale of the property are to be disposed of between the civil partners and other persons.
\n
(4)A provision in an order under subsection (1) requiring the making of periodical payments to one of the civil partners out of the proceeds of the sale ceases to have effect on the registration in a new civil partnership, marriage or death of that civil partner, except as respects payments due under it on the date of the registration, marriage or death.
\n
(5)The court shall, in considering whether to make an order under this section or section 118 or 119 with respect to a property in which a civil partner has a beneficial interest or in the proceeds of sale of which the civil partner has a beneficial interest, give to a person who also has a beneficial interest in the property or proceeds an opportunity to make representations with respect to the making and contents of the order.
\n
(6)The representations made under subsection (5) are deemed to be included in section 129 as matters to which the court is required to have regard in proceedings under a provision referred to in that section.
\n
(7)This section does not apply in relation to a shared or family home in which, following the grant of a decree of dissolution, either of the civil partners resides with a new civil partner or spouse.
\n
Provisions relating to certain orders.
\n
129.— (1) In deciding whether to make an order under section 116 , 117 , 118 , 119
\n
(1)(a) or (b), 120 , 121 to 126 , 127 or 131 , and in determining the provisions of the order, the court shall ensure that the provision that the court considers proper having regard to the circumstances exists or will be made for the civil partners.
\n
(2)In deciding whether to make an order referred to in subsection (1) and in determining the provisions of the order, the court shall, in particular, have regard to the following matters: (a) the income, earning capacity, property and other financial resources that each of the civil partners has or is likely to have in the foreseeable future; (b) the financial needs, obligations and responsibilities that each of the civil partners has or is likely to have in the foreseeable future, whether in the case of the registration of a new civil partnership or marriage or otherwise; (c) the standard of living enjoyed by the civil partners before the proceedings were instituted or before they commenced to live apart; (d) the age of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership; (e) any physical or mental disability of either of the civil partners; (f) the contributions that each of the civil partners has made or is likely to make in the foreseeable future to the welfare of the civil partners, including any contribution made by each of them to the income, earning capacity, property and financial resources of the other, and any contribution made by either of them by looking after the shared home; (g) the effect on the earning capacity of each of the civil partners of the civil partnership responsibilities assumed by each during the period when they lived with one another after the registration of their civil partnership and the degree to which the future earning capacity of a civil partner is impaired by reason of that civil partner having relinquished or foregone the opportunity of remunerative activity in order to look after the shared home; (h) any income or benefits to which either of the civil partners is entitled by or under statute; (i) the conduct of each of the civil partners, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard; (j) the accommodation needs of both of the civil partners; (k) the value to each of the civil partners of any benefit (for example, a benefit under a pension scheme) which, by reason of the decree of dissolution, a civil partner will forfeit the opportunity or possibility of acquiring; and (l) the rights of any person other than the civil partners but including a person with whom either civil partner is registered in a new civil partnership or to whom the civil partner is married, or any child to whom either of the civil partners owes an obligation of support.
\n
(3)In deciding whether to make an order under a provision referred to in subsection (1) and in determining the provisions of the order, the court shall have regard to the terms of any separation agreement that the parties have entered into and that is still in force.
\n
(4)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.
\n
Retrospective periodical payment orders.
\n
130.— The court may, if, having regard to all the circumstances of the case, it considers it appropriate to do so, in a periodical payments order, direct that— (a) the period in respect of which payments under the order are to be made begins on a specified date that is before the date of the order but after the date of the institution of the proceedings for the grant of the decree of dissolution, (b) without prejudice to section 117
\n
(1)(c), any payments under the order in respect of the period before the date of the order be paid in one sum and before a specified date, and (c) the civil partner making the payments referred to in paragraph (b) deduct a specified amount equal to any payment made by that civil partner to the other civil partner during the period between the making of the order for the grant of the decree of dissolution and the institution of the proceedings.
\n
Variations etc., of certain orders.
\n
131.— (1) This section applies to the following orders: (a) a maintenance pending suit order; (b) a periodical payments order; (c) a secured periodical payments order; (d) a lump sum order if and insofar as it provides for the payment of the lump sum by instalments or requires the payment of instalments to be secured; (e) an order under section 118
\n
(1)(b), (c) or (d) to the extent that the application of this section is not restricted or excluded pursuant to section 118
\n
(2); (f) an order under section 119
\n
(1)(a) or (b); (g) a financial compensation order; (h) an order under section 121
\n
(2), to the extent that the application of this section is not restricted or excluded pursuant to section 121
\n
(8); and (i) an order under this section.
\n
(2)Any of the following persons may apply under this section with respect to an order referred to in subsection (1): (a) either of the civil partners concerned; (b) in the case of the death of a civil partner, another person who has, in the opinion of the court, sufficient interest in the matter; and (c) in the case of the registration of a new civil partnership or the marriage of either of the civil partners, his or her new civil partner or spouse.
\n
(3)Subject to this section and section 129 and to any restriction or exclusion pursuant to section 118
\n
(2)or 121
\n
(8), and without prejudice to section 120
\n
(6), the court may, on application under subsection (2) and 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— (a) vary or discharge the order, (b) suspend any provision of the order, (c) suspend temporarily any provision of the order, (d) revive the operation of a suspended provision, (e) further vary an order previously varied under this section, and (f) further suspend or revive the operation of a provision previously suspended or revived under this section.
\n
(4)An order under this section may require the divesting of property vested in a person under an order referred to in subsection (1).
\n
(5)The court’s power under subsection (3) to vary, discharge or suspend an order referred to in subsection (1)(e) is subject to any restriction or exclusion specified in that order and is a power— (a) to vary the settlement to which that order relates in any person’s favour or to extinguish or reduce any person’s interest under that settlement; and (b) to make the supplemental provision, including a further property adjustment order or a lump sum order, that the court thinks appropriate in consequence of any variation, extinguishment or reduction made under paragraph (a).
\n
(6)Section 128 applies, with the necessary modifications, to a case where the court makes an order under subsection (5) as it applies to a case where the court makes a property adjustment order.
\n
(7)The court shall not make an order under subsection (5) if it appears to the court that the order could prejudice the rights of a person who is not a civil partner concerned and has acquired a right or interest in consequence of the order referred to in subsection (1)(e).
\n
(8)This section applies, with any necessary modifications, to instruments executed pursuant to orders referred to in subsection (1) as it applies to those orders.
\n
(9)The registrar or clerk of the court shall, as appropriate, lodge a copy of an order made under subsection (3) in relation to a property adjustment order relating to land, which he or she has certified to be a true copy, with the Property Registration Authority for registration in the Registry of Deeds or Land Registry, as appropriate.
\n
(10)Where a property adjustment order lodged under section 118
\n
(4)and duly registered pursuant to section 69
\n
(1)(h) of the Registration of Title Act 1964 is varied, discharged, suspended or revived by an order under subsection (3) and the second-mentioned order has been duly lodged for registration pursuant to subsection (9), the Property Registration Authority shall— (a) amend or cancel accordingly the entry made in the register, pursuant to section 118
\n
(4), under the Registration of Title Act 1964 , or (b) note the position in the Registry of Deeds.
\n
Method of making payments under certain orders.
\n
132.— (1) This section applies to an order under section 45 , 47 , 116 , 117 , 128 or 131 .
\n
(2)The court may by order provide that a payment under an order referred to in subsection (1) be made by the method specified in the order and be subject to the specified terms and conditions that the court considers appropriate.
\n
Stay on certain orders being appealed.
\n
133.— The operation of an order being appealed shall not be stayed unless the court that made the order or to which the appeal is brought directs otherwise, in the case of an appeal brought from an order under section 45 , 47 , 116 , 117
\n
(1)(a) or (b) or 131
\n
(1)(a), (b) or (c).
\n
Transmission of periodical payments through District Court clerk.
\n
134.— Notwithstanding anything in this Part, section 50 applies in relation to a maintenance pending suit order, a periodical payments order or a secured periodical payments order, or one of those orders affected by an order under section 131 , with all necessary modifications, including— (a) the reference in section 50
\n
(4)to the maintenance creditor shall be construed as a reference to the person to whom payments under the relevant order are required to be made; (b) the other references in section 50 to the maintenance creditor shall be construed as references to the person on whose application the relevant order was made; and (c) the references in section 50
\n
(3)to the maintenance debtor shall be construed as a reference to the person by whom payments under the relevant order are required to be made.
\n
Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.
\n
135.— (1) The reference in section 98
\n
(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, periodical payments order or secured periodical payments order made under this Act.
\n
(2)The references in section 99 of the Defence Act 1954 to a wife shall be construed as including a reference to a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.
\n
Amendment of Enforcement of Court Orders Act 1940.
\n
136.— The references in subsections (1) and (7) of section 8 of the Enforcement of Court Orders Act 1940 to an order shall be construed as including references to a maintenance order, a variation order, a maintenance pending suit order and a periodical payments order made under this Act.
\n
Powers of court in relation to transactions intended to prevent or reduce relief.
\n
137.— (1) In this section— “ disposition ” means a disposition of property, other than a disposition by will or codicil; “relief” means the financial or other material benefits conferred by an order under section 116 , 117 , 118 , 119
\n
(1)(a), (b) or (c), 120 , 121 to 126 , 127 , or 131 (other than an order affecting an order referred to in section 131
\n
(1)(e)), and references to defeating a claim for relief are references to— (a) preventing the relief being granted to the person concerned, (b) limiting the relief granted, or (c) frustrating or impeding the enforcement of an order granting relief; “ reviewable disposition ”, in relation to proceedings for the grant of relief brought by a civil partner, means a disposition made by the other civil partner or another person, but does not include a disposition made for valuable consideration (other than on registration in a new civil partnership or marriage) to a person who, at the time of the disposition, acted in good faith and without notice of an intention on the part of the other civil partner to defeat the claim for relief.
\n
(2)The court, on application made by a person who makes it during the proceedings instituted for the grant of relief, may— (a) if satisfied that the other civil partner concerned or another person, with the intention of defeating the claim for relief, proposes to make a disposition of or transfer out of the jurisdiction or otherwise deal with property, make the order that it thinks fit for the purpose of restraining the other civil partner or person from doing so or otherwise for protecting the claim, or (b) if satisfied that the other civil partner or person has, with that intention, made a reviewable disposition and that, if the disposition were set aside, relief or different relief would be granted to the applicant, make an order setting aside the disposition.
\n
(3)Where the court has granted relief and the court is satisfied that the other civil partner or person has, with the intention referred to in subsection (2)(a), made a reviewable disposition, it may make an order setting aside the disposition.
\n
(4)A court that makes an order under subsection (2) or (3) shall include in the order any provisions that it considers necessary for the implementation of the order, including provisions requiring the making of any payments or the disposal of any property.
\n
(5)In proceedings on an application made under subsection (2) or (3) with respect to a disposition that took place less than 3 years before the date of the application or with respect to a disposition or other dealing with property that is proposed to be made, there is a presumption, unless the contrary is shown, that the other civil partner or person disposed of or otherwise dealt with the property or proposes to do so with the intention of defeating the applicant’s claim for relief if— (a) in a case referred to in subsection (2)(a), the disposition or other dealing would, apart from this section, have that consequence, or (b) in any other case, the disposition has had that consequence.
\n
(6)An application shall not be made for an order setting aside a disposition by reason only of subsection (2)(b) or (3) after the expiration of 6 years from the date of the disposition.
\n
Cost of mediation and counselling services.
\n
138.— The costs of mediation services or counselling services provided for a civil partner who is or becomes party to proceedings under this Part are in the discretion of the court.
\n
PART 13
\n
Jurisdiction and Other Related Matters Definitions.
\n
139.— In this Part— “ Circuit Court ” means the Circuit Court when it is exercising its jurisdiction to hear and determine civil partnership law proceedings or transferring civil partnership law proceedings to the High Court; “ civil partner ” includes, where the context requires, a person who was a civil partner in a partnership that has been dissolved; “ civil partnership law proceedings ” in relation to a court, means proceedings before a court of competent jurisdiction— (a) under this Act, with the exception of
\n
Part 15
\n
, (b) under the Domestic Violence Act 1996 as amended by
\n
Part 9
\n
, or (c) between civil partners under the Partition Act 1868 and the Partition Act 1876, where the fact that they are civil partners of each other is of relevance to the proceedings.
\n
Jurisdiction and venue.
\n
140.— (1) Subject to the other provisions of this section, the Circuit Court has concurrent jurisdiction with the High Court to hear and determine civil partnership law proceedings.
\n
(2)The District Court, and the Circuit Court on appeal from the District Court, have concurrent jurisdiction with the High Court to hear and determine proceedings under sections 45 , 46 , 47 and 50 except that— (a) they do not have jurisdiction to make an order under one of those sections for the payment of a periodical sum at a rate greater than €500 per week for support of a civil partner, (b) they do not have jurisdiction to make an order or direction under one of those sections in a matter in relation to which the High Court has made an order or direction under that section, and (c) the District Court does not have jurisdiction to make an order or direction under one of those sections in a matter in relation to which the Circuit Court has made an order or direction otherwise than on appeal from the District Court.
\n
(3)The court shall only exercise its jurisdiction in civil partnership law proceedings if a party to the proceedings— (a) is domiciled in the State on the date on which the proceedings are commenced, or (b) is ordinarily resident in the State throughout the one-year period that ends on that date.
\n
(4)The jurisdiction conferred on the Circuit Court may be exercised by the judge of the circuit in which a party to the civil partnership law proceedings ordinarily resides or carries on a business, profession or occupation.
\n
(5)The Circuit Court shall transfer proceedings to the High Court, on application to it by a party to the proceedings, if land to which the proceedings relate— (a) has a rateable valuation that exceeds €254, or (b) has not been given a rateable valuation or is the subject with other land of a rateable valuation, if the Circuit Court determines that the rateable valuation would exceed €254.
\n
(6)An order made or act done in the course of the proceedings before a transfer under subsection (5) is valid unless discharged or varied by the High Court.
\n
(7)The District Court and the Circuit Court shall transfer to the High Court proceedings under
\n
Part 4
\n
in which the value of household chattels exceeding €6,350 is at issue, on application to it by a party to the proceedings.
\n
(8)An order made or act done in the course of the proceedings before a transfer under subsection (7) is valid unless discharged or varied by the High Court.
\n
(9)If a civil partner is a person of unsound mind and there is a committee of the civil partner’s estate, the jurisdiction under this section in proceedings under
\n
Part 4
\n
may, subject to subsections (5) to (8), be exercised by the court that has appointed the committee.
\n
(10)Subject to subsection (9), the District Court has all the jurisdiction of the High Court to hear and determine— (a) civil partnership law proceedings under
\n
Part 4
\n
if— (i) the rateable valuation does not exceed €25, or (ii) the land has not been given a rateable valuation or the land is the subject with other land of a rateable valuation, if the District Court determines that the rateable valuation would not exceed that amount, and (b) a question arising out of section 34 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed does not exceed €6,350 or where the chattels are or immediately before the disposal or removal were in a shared home if— (i) the rateable valuation of the shared home does not exceed €25, or (ii) the shared home has not been given a rateable valuation or the shared home is the subject with other land of a rateable valuation, if the District Court determines that the rateable valuation would exceed that amount.
\n
Notice of civil partnership law proceedings.
\n
141.— A person bringing civil partnership law proceedings shall give notice of them to— (a) the other civil partner or the civil partners concerned, and (b) another person if the court so specifies.
\n
Particulars of property.
\n
142.— (1) In civil partnership law proceedings under section 45 , 46 , 47 , 50 , 117 , 118 , 119
\n
(1)(a) or (b), 120 , 121 to 126 , 127 or 131 , each of the civil partners shall give to the other the particulars of his or her property or income that may be reasonably required for the purposes of the proceedings.
\n
(2)The court may direct a person who fails or refuses to comply with subsection (1) to comply with it.
\n
Hearing of proceedings.
\n
143.— The Circuit Court shall sit to hear and determine civil partnership law proceedings in a different place or at different times or on different days from those on which the ordinary sittings of the Circuit Court are held.
\n
Conduct of proceedings.
\n
144.— (1) Civil partnership law proceedings shall be as informal as is practicable and consistent with the administration of justice.
\n
(2)A judge sitting to hear and determine civil partnership law proceedings, and a barrister or solicitor appearing in the proceedings, shall not wear a wig or a gown.
\n
Privacy.
\n
145.— Subject to the provisions of section 40 of the Civil Liability and Courts Act 2004 , civil partnership law proceedings shall be heard otherwise than in public.
\n
Costs.
\n
146.— The costs in civil partnership law proceedings are at the discretion of the court.
\n
Rules of court.
\n
147.— Rules of court shall provide for the documentation required for the commencement of civil partnership law proceedings in a summary manner.
\n
PART 14
\n
Other Consequential Amendments, Etc.
\n
Application and amendment of Pensions Act 1990.
\n
148.— (1)
\n
Section 5
\n
(4)of the Pensions Act 1990 (as amended by the Pensions (Amendment) Act 1996 and the Family Law (Divorce) Act 1996 ) applies and has effect in relation to sections 121 to 126 and sections 187 to 192 as it applies and has effect by virtue of section 47 of the Family Law (Divorce) Act 1996 in relation to section 17 of that Act, with the following modifications: (a) a reference to section 12 of the Family Law Act 1995 or section 17 of the Family Law (Divorce) Act 1996 is to be construed as a reference to sections 121 to 126 and sections 187 to 192 ; (b) the reference in paragraph (c) to the Family Law Act 1995 or the Family Law (Divorce) Act 1996 is to be construed as a reference to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; (c) the references to subsections (1), (2), (3), (5), (6), (7), (8), (10) and (25) of section 12 of the Family Law Act 1995 and section 17 of the Family Law (Divorce) Act 1996 are to be construed as references to sections 121
\n
(1), (2) and (5), 123
\n
(1), (2), (3), (4), (5) and (7) and 126
\n
(2), or sections 187
\n
(1), (2) and (5), 189
\n
(1), (2), (3), (4), (5) and (7) and 192 , as the case may be, of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, respectively; and (d) the reference to section 2 of the Family Law Act 1995 or the Family Law (Divorce) Act 1996 is to be construed as a reference to section 109 or 187 .
\n
(2)Subsection 10(1)(cc) (as amended by section 5 of the Pensions (Amendment) Act 1996 and section 47 (c) of the Family Law (Divorce) Act 1996 ) of the Pensions Act 1990 , is amended by substituting “and on the provisions of the Family Law Act 1995 , the Family Law (Divorce) Act 1996 and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, relating to pension schemes (within the meaning of section 2 of the Family Law Act 1995 , section 2 of the Family Law (Divorce) Act 1996 and section 109 and 187 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)” for “and on the provisions of the Family Law Act 1995 , and the Family Law (Divorce) Act 1996 , relating to pension schemes (within the meaning of section 2 of the Family Law Act 1995 and section 2 of the Family Law (Divorce) Act 1996 )”.
\n
Definition.
\n
149.— In this section and sections 150 to 157 , “Act of 1996” means the Family Law (Divorce) Act 1996 .
\n
Amendment of section 2 of Act of 1996.
\n
150.— Section 2(1) of the Act of 1996 is amended by inserting the following definitions: “ ‘civil partnership’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ‘registration’, 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;”.
\n
Amendment of section 13 of Act of 1996.
\n
151.— Section 13(5) of the Act of 1996 is amended— (a) in paragraph (a)— (i) by inserting “or registration in a civil partnership”, after “upon the remarriage”, and (ii) by inserting “or civil partnership registration” after “date of the remarriage”, and (b) in paragraph (b) by inserting “or registers in a civil partnership” after “remarries”.
\n
Amendment of section 14 of Act of 1996.
\n
152.— Section 14(3) of the Act of 1996 is amended by inserting “or registers in a civil partnership” after “remarries”.
\n
Amendment of section 16 of Act of 1996.
\n
153.— Section 16(2) of the Act of 1996 is amended— (a) in paragraph (b), by inserting “, registration in a civil partnership” before “or death”, and (b) in paragraph (c), by inserting “or registered in a civil partnership” after “remarried”.
\n
Amendment of section 17 of Act of 1996.
\n
154.— Section 17 of the Act of 1996 is amended— (a) in subsection (19) by inserting “or registration in a civil partnership” after “remarriage”, and (b) in subsection (23)(a) by inserting “or registered in a civil partnership” after “remarried”.
\n
Amendment of section 18 of Act of 1996.
\n
155.— Section 18 of the Act of 1996 is amended— (a) in subsection (2) by inserting “or registered in a civil partnership” after “remarried”, and (b) in subsection (5) by inserting “, civil partner or former civil partner” after “the spouse” wherever it appears.
\n
Amendment of section 19 of Act of 1996.
\n
156.— Section 19(4) of the Act of 1996 is amended— (a) by inserting “or registration in a civil partnership” before “of that spouse”, and (b) by inserting “or civil partnership registration” after “remarriage” at the end.
\n
Amendment of section 20 of Act of 1996.
\n
157.— Section 20(2)(b) of the Act of 1996 is amended by inserting “or registration in a civil partnership” after “remarriage”.
\n
Definition.
\n
158.— In this section and sections 159 to 167 , “Act of 1995” means the Family Law Act 1995 .
\n
Amendment of section 2 of Act of 1995.
\n
159.— Section 2(1) of the Act of 1995 is amended by inserting the following definitions: “ ‘ civil partnership ’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ‘ registration ’, 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;”.
\n
Amendment of section 8 of Act of 1995.
\n
160.— Section 8(5) of the Act of 1995 is amended— (a) in paragraph (a)— (i) by inserting “or registration in a civil partnership” before “of the spouse”, and (ii) by inserting “or civil partnership registration” after “date of the remarriage”, and (b) in paragraph (b), by inserting “or registers in a civil partnership” after “remarries”.
\n
Amendment of section 9 of Act of 1995.
\n
161.— Section 9(3) of the Act of 1995 is amended by inserting “or registers in a civil partnership” after “remarries”.
\n
Amendment of section 11 of Act of 1995.
\n
162.— Section 11(2) of the Act of 1995 is amended— (a) in paragraph (b) by inserting “, registration in a civil partnership” before “or death”, and (b) in paragraph (c) by inserting “or registered in a civil partnership” after “remarried”.
\n
Amendment of section 12 of Act of 1995.
\n
163.— Section 12 of the Act of 1995 is amended— (a) in subsection (19) by inserting “or registration in a civil partnership” after “remarriage”, and (b) in subsection (23)(a) by inserting “or registered in a civil partnership” after “remarried”.
\n
Amendment of section 15 of Act of 1995.
\n
164.— Section 15(4) of the Act of 1995 is amended— (a) by inserting “or registration in a civil partnership” before “of that spouse”, and (b) by inserting “or civil partnership registration” after “remarriage” in the last line.
\n
Amendment of section 15A of Act of 1995.
\n
165.— Section 15A(2) (inserted by section 52 (g) of the Family Law (Divorce) Act 1996 ) of the Act of 1995 is amended by inserting “or registered in a civil partnership” after “remarried”.
\n
Amendment of section 23 of Act of 1995.
\n
166.— Section 23 of the Act of 1995 is amended— (a) in subsection (2)(d)— (i) by substituting “Where a person” for “Where a spouse”, (ii) by inserting “or registered in a civil partnership” after “remarried”, and (iii) by substituting “of that person” for “of that spouse” wherever it appears, (b) in subsection (5), by inserting “or registration in a civil partnership” after “the remarriage”, and (c) in subsection (6)— (i) in paragraph (b), by inserting “or registration in a civil partnership” after “remarriage” wherever it appears, and (ii) in paragraph (c), by inserting “or registers in a civil partnership” after “remarries”.
\n
Amendment of section 25 of Act of 1995.
\n
167.— (1) Section 25(2) of the Act of 1995 is amended by inserting “or registered in a civil partnership” after “remarried”.
\n
(2)Section 25(6) of the Act of 1995 is amended— (a) by inserting “, or civil partner (if any)” after “spouse (if any)”, and (b) by inserting “or civil partner” after “representation made by the spouse”.
\n
Property rights.
\n
168.— The Acts specified in
\n
Part 3
\n
of the Schedule are amended as indicated in that Schedule .
\n
Redress provisions.
\n
169.— The Acts specified in
\n
Part 4
\n
of the Schedule are amended as indicated in that Schedule .
\n
Other miscellaneous provisions.
\n
170.— The Acts specified in
\n
Part 5
\n
of the Schedule are amended as indicated in that Schedule .
\n
PART 15
\n
Cohabitants Definitions.
\n
171.— In this Part— “ cohabitant ” has the meaning assigned to it in section 172 ; “ court ” means the High Court, the Circuit Court or the District Court; “ dependent child ”, in relation to a cohabitant or a couple of cohabitants, means any child of whom both the cohabitants are the parents and who is— (a) under the age of 18 years, or (b) 18 years of age or over and is— (i) receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or (ii) incapable of taking care of his or her own needs because of a mental or physical disability.
\n
Cohabitant and qualified cohabitant.
\n
172.— (1) For the purposes of this Part, a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.
\n
(2)In determining whether or not 2 adults are cohabitants, the court shall take into account all the circumstances of the relationship and in particular shall have regard to the following: (a) the duration of the relationship; (b) the basis on which the couple live together; (c) the degree of financial dependence of either adult on the other and any agreements in respect of their finances; (d) the degree and nature of any financial arrangements between the adults including any joint purchase of an estate or interest in land or joint acquisition of personal property; (e) whether there are one or more dependent children; (f) whether one of the adults cares for and supports the children of the other; and (g) the degree to which the adults present themselves to others as a couple.
\n
(3)For the avoidance of doubt a relationship does not cease to be an intimate relationship for the purpose of this section merely because it is no longer sexual in nature.
\n
(4)For the purposes of this section, 2 adults are within a prohibited degree of relationship if— (a) they would be prohibited from marrying each other in the State, or (b) they are in a relationship referred to in the Third Schedule to the Civil Registration Act 2004 inserted by section 26 of this Act.
\n
(5)For the purposes of this Part, a qualified cohabitant means an adult who was in a relationship of cohabitation with another adult and who, immediately before the time that that relationship ended, whether through death or otherwise, was living with the other adult as a couple for a period— (a) of 2 years or more, in the case where they are the parents of one or more dependent children, and (b) of 5 years or more, in any other case.
\n
(6)Notwithstanding subsection (5), an adult who would otherwise be a qualified cohabitant is not a qualified cohabitant if— (a) one or both of the adults is or was, at any time during the relationship concerned, an adult who was married to someone else, and (b) at the time the relationship concerned ends, each adult who is or was married has not lived apart from his or her spouse for a period or periods of at least 4 years during the previous 5 years.
\n
Application for redress in respect of economically dependent qualified cohabitant.
\n
173.— (1) A qualified cohabitant may, subject to any agreement under section 202 , apply to the court, on notice to the other cohabitant, for an order under sections 174 , 175 and 187 or any of them.
\n
(2)If the qualified cohabitant satisfies the court that he or she is financially dependent on the other cohabitant and that the financial dependence arises from the relationship or the ending of the relationship, the court may, if satisfied that it is just and equitable to do so in all the circumstances, make the order concerned.
\n
(3)In determining whether or not it is just and equitable to make an order in all the circumstances, the court shall have regard to— (a) the financial circumstances, needs and obligations of each qualified cohabitant existing as at the date of the application or which are likely to arise in the future, (b) subject to subsection (5), the rights and entitlements of any spouse or former spouse, (c) the rights and entitlements of any civil partner or former civil partner, (d) the rights and entitlements of any dependent child or of any child of a previous relationship of either cohabitant, (e) the duration of the parties’ relationship, the basis on which the parties entered into the relationship and the degree of commitment of the parties to one another, (f) the contributions that each of the cohabitants made or is likely to make in the foreseeable future to the welfare of the cohabitants or either of them including any contribution made by each of them to the income, earning capacity or property and financial resources of the other, (g) any contributions made by either of them in looking after the home, (h) the effect on the earning capacity of each of the cohabitants of the responsibilities assumed by each of them during the period they lived together as a couple and the degree to which the future earning capacity of a qualified cohabitant is impaired by reason of that qualified cohabitant having relinquished or foregone the opportunity of remunerative activity in order to look after the home, (i) any physical or mental disability of the qualified cohabitant, and (j) the conduct of each of the cohabitants, if the conduct is such that, in the opinion of the court, it would be unjust to disregard it.
\n
(4)The court may order that notice be given to any other person that it specifies and may hear the other person on the terms and in respect of the matters it thinks fit in the interests of justice before making an order referred to in this section.
\n
(5)The court shall not make an order referred to in this section in favour of a qualified cohabitant that would affect any right of any person to whom the other cohabitant is or was married.
\n
(6)The court may, on the application of the qualified cohabitant or the other cohabitant, if it considers it proper to do so having regard to any change in the circumstances of the case and to any new evidence, including any change in the circumstances occasioned by a variation by another order of the court made in favour of a person to whom the other cohabitant is or was married, by order— (a) vary or discharge an order under section 175 or 187 , (b) suspend any provision of such an order, (c) suspend temporarily any provision of such an order, (d) revive the operation of a suspended provision, (e) further vary an order previously varied under this section, or (f) further suspend or revive the operation of a provision previously suspended or revived under this section.
\n
(7)Where the court makes an order under section 174 , 175
\n
(1)(c) or 187 in favour of a qualified cohabitant, the court may, in the same proceedings or at any later date, on the application of either of the qualified cohabitants concerned, order that either or both of them shall not, on the death of the other, be entitled to apply for an order under section 194 .
\n
(8)If the order under section 174 , 175
\n
(1)(c) or 187 referred to in subsection (7) has been made but not yet executed at the time that the order is made under subsection (7), the order under subsection (7) shall not take effect until the execution of that other order.
\n
Property adjustment orders.
\n
174.— (1) An order under this section may provide for one or more of the following matters: (a) the transfer by either of the cohabitants to or for the benefit of the other, of specified property in which the cohabitant has an interest either in possession or reversion; (b) the settlement to the satisfaction of the court of specified property in which the cohabitant has an interest either in possession or reversion, for the benefit of the other cohabitant or of a dependent child; (c) the variation for the benefit of either of the cohabitants or of a dependent child of an agreement referred to in section 202 (subject to section 202
\n
(4)) or another settlement (including one made by will or codicil) made on the cohabitants; and (d) the extinguishment or reduction of the interest of either of the cohabitants under an agreement referred to in section 202 (subject to section 202
\n
(4)).
\n
(2)Before making an order under this section, the court shall have regard to whether in all the circumstances it would be practicable for the financial needs of the qualified cohabitant to be met by an order made under section 175 or 187 , having regard to all the circumstances, including the likelihood of a future change of circumstances of either of the qualified cohabitants.
\n
Compensatory maintenance orders.
\n
175.— (1) The court, on application to it in that behalf by the qualified cohabitant, may, during the lifetime of either of the cohabitants, make one or more of the following orders: (a) an order that either of the cohabitants make to the other the periodical payments in the amounts, during the period and at the times that may be specified in the order; (b) an order that either of the cohabitants secure to the other, to the satisfaction of the court, the periodical payments of the amounts, during the period and at the times that may be specified in the order; and (c) an order that either of the cohabitants make to the other a lump sum payment or lump sum payments of the amount or amounts and at the time or times that may be specified in the order.
\n
(2)The court may order a qualified cohabitant to pay a lump sum to the other qualified cohabitant to meet any liabilities or expenses reasonably incurred by the other qualified cohabitant in maintaining himself or herself before the making of an application by the other qualified cohabitant for an order under subsection (1).
\n
(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 the amounts that may be specified in the order and may require the payment of the instalments to be secured to the satisfaction of the court.
\n
(4)The period specified in an order under subsection (1) (a) or (b) shall begin not earlier than the date of the application for the order and shall end not later than the date of death of the first qualified cohabitant to die.
\n
(5)An order made under subsection (1) (a) or (b) ceases to have effect on the marriage or registration in a civil partnership, or in a legal relationship that is the subject of an order under section 5 , of the qualified cohabitant in whose favour the order was made, except as respects payments due under it on the date of the marriage or registration.
\n
(6)The court shall not make an order under this section in favour of a qualified cohabitant who has married or registered in a civil partnership, or in a legal relationship that is the subject of an order under section 5 .
\n
(7)The court that makes an order under subsection (1) (a) shall, in the same proceedings, make an attachment of earnings order under section 176 to secure payments under the order if it is satisfied, after taking into consideration any representations on the matter made to it by the qualified cohabitant ordered to make payments under that subsection, that— (a) the order is desirable to secure payments under an order under subsection (1) (a) and any variations and affirmations of that order, and (b) the person against whom the attachment of earnings order is made is a person to whom earnings fall to be paid.
\n
Attachment of earnings order.
\n
176.— (1) For the purposes of this section and sections 177 to 186 — “ antecedent order ” means an order under section 175 ; “ attachment of earnings order ” means an order directing that an employer deduct from the maintenance debtor’s earnings, at the times specified in the order, periodical deductions of the appropriate amounts specified in the order, having regard to the normal deduction rate and the protected earnings rate; “ employer ” includes a trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits; “ maintenance creditor ” in relation to an attachment of earnings order, means the qualified cohabitant who applied for the order; “ maintenance debtor ” means a qualified cohabitant who is required by an antecedent order to make payments; “ normal deduction rate ” means the rate at which the court considers it reasonable that the earnings to which the attachment of earnings order relates should be applied in satisfying an antecedent order, not exceeding the rate that appears to the court to be necessary for— (a) securing payment of the sums falling due from time to time under the antecedent order, and (b) securing payment within a reasonable period of any sums already due and unpaid under the antecedent order and any costs incurred in proceedings relating to the antecedent order payable by the maintenance debtor; “ protected earnings rate ” means the rate below which, having regard to the needs of the maintenance debtor, the court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order.
\n
(2)The court may, on application to it in that behalf, make an attachment of earnings order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid and that the order is desirable to secure payments under the antecedent order and any amendments, variations and affirmations of it.
\n
(3)The court that makes an antecedent order, or an order that makes, varies or affirms on appeal an antecedent order, shall make an attachment of earnings order in the same proceedings if it is satisfied of the things mentioned in subsection (2).
\n
(4)A person to whom an attachment of earnings order is directed shall pay the amounts ordered to be deducted to the maintenance creditor or to the District Court clerk specified in the order for transmission to the maintenance creditor.
\n
(5)Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor an opportunity to make representations, and shall have regard to any representations made, relating to whether the maintenance debtor— (a) is a person to whom earnings fall to be paid, and (b) would make the payments to which the relevant order relates.
\n
(6)The court shall include in an attachment of earnings order the particulars required so that the person to whom the order is directed may identify the maintenance debtor.
\n
(7)Payments under an attachment of earnings order are in lieu of payments of the like amount under the antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the antecedent order.
\n
Compliance with attachment of earnings order.
\n
177.— (1) The court registrar or court clerk specified in the attachment of earnings order shall cause the order to be served on the person to whom it is directed and on any person who subsequently becomes the maintenance debtor’s employer and of whom the registrar or clerk becomes aware.
\n
(2)The service may be effected by leaving the order or a copy of it at the person’s residence or place of business in the State, or by sending the order or a copy of it, by registered prepaid post, to that residence or place of business.
\n
(3)A person to whom an attachment of earnings order is directed shall comply with it if it is served on him or her but is not liable for non-compliance before 10 days have elapsed since the service.
\n
(4)If a person to whom an attachment of earnings order is directed is not the maintenance debtor’s employer or ceases to be the maintenance debtor’s employer, the person shall, within 10 days from the service or the date of cesser, give notice of that fact to the court.
\n
(5)The person shall give to the maintenance debtor a statement in writing of the total amount of every deduction made from a maintenance debtor’s earnings in compliance with an attachment of earnings order.
\n
Application of sums received by clerk.
\n
178.— Payments made to a court clerk under an attachment of earnings order shall, when transmitted by the clerk to the maintenance creditor, be deemed to be payments made by the maintenance debtor so as to discharge— (a) firstly, any sums payable under the antecedent order, and (b) secondly, any costs in proceedings relating to the antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.
\n
Statement as to earnings.
\n
179.— (1) In relation to an attachment of earnings order or an application for one, the court may, before or at the hearing or while the order is in force, order— (a) the maintenance debtor to give to the court, within a specified period, a signed statement in writing specifying— (i) the name and address of every employer of the maintenance debtor, (ii) particulars as to the debtor’s earnings and expected earnings, and resources and needs, and (iii) particulars for enabling the employers to identify the maintenance debtor, (b) a person appearing to the court to be an employer of the maintenance debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the debtor’s earnings and expected earnings.
\n
(2)Notice of an application for an attachment of earnings order served on a maintenance debtor may include a requirement that the maintenance debtor give to the court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in subsection (1) (a) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.
\n
(3)In any proceedings in relation to an attachment of earnings order, a statement given to the court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) is admissible as evidence of the facts stated in it and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.
\n
Notification of changes of employment and earnings.
\n
180.— Where an attachment of earnings order is in force— (a) the maintenance debtor shall notify in writing the court that made the order of every occasion on which he or she leaves employment, or becomes employed or re-employed, not later than 10 days after doing so, (b) the maintenance debtor shall, on any occasion on which he or she becomes employed or re-employed, include in the notification particulars of his or her earnings and expected earnings, and (c) any person who becomes an employer of the maintenance debtor and who knows that the order is in force and by which court it was made shall, within 10 days of the later of the date of becoming an employer of the maintenance debtor and the date of acquiring the knowledge, notify the court in writing that he or she has become an employer, and include in the notification a statement of the debtor’s earnings and expected earnings.
\n
Power to determine whether particular payments are earnings.
\n
181.— (1) Where an attachment of earnings order is in force, the court that made the order shall, on the application of the maintenance debtor’s employer, the maintenance debtor or the person to whom payments are being made under the order, determine whether payments or portions of payments being made to the maintenance debtor that are of a class or description specified in the application are earnings for the purpose of the order.
\n
(2)Where an application is made by the employer under subsection (1), the employer is not liable for non-compliance with the order as respects any payments or portions of payments of the class or description specified by the application that he or she makes while the application, a determination in relation to it or an appeal from the determination is pending.
\n
(3)Subsection (2) does not apply if the employer subsequently withdraws the application or abandons the appeal.
\n
Persons in service of State, local authority, etc.
\n
182.— (1) This section applies when a maintenance debtor is in the service of the State, a local authority within the meaning of the Local Government Act 1941 , a harbour authority within the meaning of the Harbours Acts 1946 to 2005, the Health Service Executive, a vocational education committee established by the Vocational Education Act 1930 , a committee of agriculture established by the Agriculture Act 1931 , or another body if his or her earnings are paid directly out of moneys paid by the Oireachtas or from the Central Fund, or is a member of either House of the Oireachtas.
\n
(2)For the purposes of sections 176 to 186 , the following officers are regarded as being the employers of the maintenance debtor and the earnings paid to the maintenance debtor out of the Central Fund or out of moneys provided by the Oireachtas are regarded as having been paid by them: (a) in the case where the maintenance debtor is employed in a department, office, organisation, service, undertaking or other body, its chief officer, or any other officer that may be designated from time to time by the Minister of the Government by whom that body is administered; (b) in the case where the maintenance debtor is in the service of an authority or body, its chief officer; and (c) in any other case, where the maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance or any other officer that may be designated from time to time by the Minister for Finance.
\n
(3)A question that arises in proceedings for or arising out of an attachment of earnings order as to which body employs a maintenance debtor may be referred to and determined by the Minister for Finance, but he or she is not obliged to consider the reference unless it is made by the court.
\n
(4)A document purporting to contain a determination by the Minister for Finance under subsection (3) and to be signed by an officer of that Minister shall, in any proceedings mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.
\n
Discharge, variations and lapse of attachment of earnings order.
\n
183.— (1) The court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the clerk on whose application the order was made, make an order discharging or varying that order.
\n
(2)The employer on whom an order varying an attachment of earnings order is served shall comply with it but is not liable for non-compliance before 10 days have elapsed since the service.
\n
(3)If an employer affected by an attachment of earnings order ceases to be the maintenance debtor’s employer, the order lapses insofar as that employer is concerned, except as respects deductions from earnings paid by the employer after the cesser and payment to the maintenance creditor of deductions from earnings made at any time by that employer.
\n
(4)The lapse of an order under subsection (3) does not prevent its remaining in force for other purposes.
\n
Cesser of attachment of earnings order.
\n
184.— (1) An attachment of earnings order ceases to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.
\n
(2)The clerk or registrar of the court that made the attachment of earnings order shall give notice of a cesser to the employer.
\n
Other remedies.
\n
185.— (1) Where an attachment of earnings order has been made, any proceedings commenced under subsection (1) of section 8 of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order lapses and any warrant or order issued or made under that subsection ceases to have effect.
\n
(2)An attachment of earnings order ceases to have effect on the making of an order under section 8 of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order.
\n
Enforcement.
\n
186.— (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by— (a) a person failing, without reasonable excuse, to comply with section 177
\n
(3)or (4), or 180 , or an order under section 179 or 183
\n
(2), or (b) a person, without reasonable excuse, giving a false or misleading statement under section 179
\n
(1)or notification under section 180 .
\n
(2)A person who gives to a court a statement pursuant to section 179 or a notification under section 180 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to a fine not exceeding €254 or to imprisonment for a term not exceeding six months or to both.
\n
(3)A person who contravenes section 177
\n
(3)commits an offence and is liable on summary conviction to a fine not exceeding €63.
\n
Pension adjustment orders.
\n
187.— (1) In this section and sections 188 to 192 — “ Act of 1990 ” means the Pensions Act 1990 ; “ active member ” in relation to a scheme, means a member of the scheme who is in reckonable service; “ actuarial value ” means the equivalent cash value of a benefit (including, where appropriate, provision for any revaluation of the 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 beyond in accordance with normal life expectancy on the assumption that the member, at the effective date of calculation, is in a normal state of health having regard to his or her age; “ approved arrangement ”, 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; “ contingent benefit ” means a benefit payable under a scheme, other than a payment under section 189
\n
(4), to or for the benefit of the surviving qualified cohabitant (if the scheme so permits) or to or for the benefit of, any dependants of the member qualified cohabitant or the personal representative of the member qualified cohabitant, if the member qualified cohabitant dies while in relevant employment and before attaining any normal pensionable age provided for under the rules of the scheme; “ defined contribution scheme ” has the meaning assigned to it by section 2(1) (as amended by section 29
\n
(1)(a)(ii) of the Social Welfare and Pensions Act 2008 ) of the Act of 1990; “ designated benefit ” in relation to a pension adjustment order, means an amount determined by the trustees of a scheme, in accordance with relevant guidelines and by reference to the period and the percentage of the retirement benefit specified in an order under subsection (2); “ member qualified cohabitant ” in relation to a scheme, means a qualified cohabitant who is a member of the scheme; “ normal pensionable age ” 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 rules providing for early retirement on grounds of ill health or otherwise; “ occupational pension scheme ” has the meaning assigned to it by section 2(1) of the Act of 1990; “ reckonable service ” means service in relevant employment during membership in any scheme; “ relevant guidelines ” means any relevant guidelines for the time being in force under section 10(1)(c) or (cc) (as amended by section 5 of the Pensions (Amendment) Act 1996 , section 47 (c) of the Family Law (Divorce) Act 1996 , section 13 (b) of the Pensions (Amendment) Act 2002 and section 37 of the Social Welfare and Pensions Act 2007 ) of the Act of 1990; “ relevant employment ” 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; “ retirement benefit ”, in relation to a scheme, means all benefits, other than contingent benefits, payable under the scheme; “ rules ”, in relation to a scheme, means the provisions of the scheme by whatever name called; “ scheme ” means— (a) an occupational pension scheme within the meaning of the Pensions Act 1990 , (b) an annuity contract approved by the Revenue Commissioners under section 784 of the Taxes Consolidation Act 1997 , or a contract so approved under section 785 of that Act, (c) a trust scheme, or part of a trust scheme, approved under section 784(4) or 785(5) of that Act, (d) a policy or contract of assurance approved by the Revenue Commissioners under Chapter 1 of Part 30 of the Taxes Consolidation Act 1997 , or (e) another 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: (i) benefits for a person who is a member of the scheme or arrangement upon retirement at normal pensionable age or upon earlier or later retirement or upon leaving or upon the ceasing of the relevant employment, and
\n
(ii) benefits for the widow, widower or dependants of the person referred to in subparagraph (i), for his or her civil partner or the person that was his or her civil partner until the death of the person referred to in subparagraph (i), for his or her qualified cohabitant or the person that was his or her qualified cohabitant until the death of the person referred to in subparagraph (i) or for any other persons, on the death of that person; “ transfer amount ” shall be construed in accordance with subsection (4); “ undertaking ” has the same meaning as “ ‘ insurance undertaking ’ or ‘ undertaking ’ ” in section 2
\n
(1)(as inserted by section 3
\n
(1)of the Insurance Act 2000 ) of the Insurance Act 1989 .
\n
(2)The court, on application to it in that behalf by either of the qualified cohabitants, may, during the lifetime of a member qualified cohabitant, make an order providing for the payment, in accordance with this section and sections 188 to 192 , to the other qualified cohabitant of a benefit consisting of the part of the benefit that is payable under the scheme and has accrued at the time of the making of the order, or of the part of that part, that the court considers appropriate.
\n
(3)The order under subsection (2) shall specify— (a) the period of reckonable service of the member qualified cohabitant to be taken into account, and (b) the percentage of the retirement benefit accrued during the period to be paid to the other qualified cohabitant.
\n
(4)Where the court makes an order under subsection (2) in favour of a qualified cohabitant and payment of the designated benefit concerned has not commenced, the qualified cohabitant is entitled to the application in accordance with section 189
\n
(1)of an amount of money from the scheme (in this subsection referred to as a “ transfer amount ”) equal to the value of the designated benefit as determined by the trustees of the scheme in accordance with relevant guidelines.
\n
(5)The court, on application to it in that behalf by either of the qualified cohabitants, may make an order providing for the payment, on the death of the member qualified cohabitant, to the other qualified cohabitant of that part of a contingent benefit that is payable under the scheme, or of the part of that part, that the court considers appropriate.
\n
(6)In deciding whether or not to make a pension adjustment order, the court shall have regard to whether proper provision, having regard to the circumstances, exists or can be made for the qualified cohabitant who is not a member under section 175 .
\n
Procedural provisions respecting pension adjustment orders.
\n
188.— (1) A person who makes an application under section 187
\n
(2)or (5) shall give notice of the application to the trustees of the scheme. The court shall, in deciding whether to make the order and in determining the provisions of the order, have regard to representations made by the persons to whom notice has been given under this section.
\n
(2)An order referred to in subsection (1) ceases to have effect on the entry into a civil partnership, marriage or death of the person in whose favour the order was made.
\n
(3)The court may, in making an order referred to in subsection (1), give to the trustees of the scheme any directions that it considers appropriate, including a direction that would require the trustees not to comply with the rules of the scheme or the Act of 1990.
\n
(4)Notwithstanding subsection (3), a direction given under that subsection shall not permit a payment under section 187
\n
(5)unless the scheme concerned expressly provides for payments of contingent benefits to cohabitants.
\n
(5)The registrar or clerk of the court that makes an order referred to in subsection (1) shall cause a copy of the order to be served on the trustees of the scheme.
\n
Rules respecting payments under schemes.
\n
189.— (1) Subject to section 190
\n
(4), the trustees of a scheme in respect of which an order has been made under section 187
\n
(2)shall, where the conditions set out in subsection (2) are present, apply, in accordance with relevant guidelines, the transfer amount calculated in accordance with those guidelines— (a) if the trustees and the qualified cohabitant so agree, in providing a benefit for or in respect of the qualified cohabitant that is of the same actuarial value as the transfer amount, or (b) in making a payment, at the option of the qualified cohabitant— (i) to another occupational pension scheme whose trustees agree to accept the payment, or (ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.
\n
(2)The conditions referred to in subsection (1) are: (a) the court has made an order under section 187
\n
(2)in favour of the qualified cohabitant; (b) payment of the designated benefit has not commenced; (c) the qualified cohabitant has applied to the trustees in that behalf; and (d) the qualified cohabitant furnishes the information that the trustees require.
\n
(3)Subject to section 190
\n
(4), trustees of a defined contribution scheme in respect of which an order has been made under section 187
\n
(2)may, if the qualified cohabitant has not made an application under subsections (1) and (2), apply in accordance with relevant guidelines the transfer amount calculated in accordance with those guidelines to make a payment, at their option— (a) to another occupational pension scheme whose trustees agree to accept the payment, or (b) to discharge another payment falling to be made by the trustees under any such other approved arrangement.
\n
(4)Subject to section 190
\n
(4), the trustees of a scheme in respect of which an order has been made under section 187
\n
(2)shall, within 3 months of the death of a member qualified cohabitant who dies before the payment of the designated benefit has commenced, provide for the payment to the other qualified cohabitant of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.
\n
(5)Subject to section 190
\n
(4), the trustees of a scheme in respect of which an order has been made under section 187
\n
(2)may, if the member qualified cohabitant ceases to be a member otherwise than on death, apply, in accordance with relevant guidelines, the transfer amount under the scheme, at their option— (a) if the trustees and the other qualified cohabitant so agree, in providing a benefit for or in respect of that qualified cohabitant that is of the same actuarial value as the transfer amount, or (b) in making a payment, either— (i) to another occupational pension scheme whose trustees agree to accept the payment, or (ii) to discharge another payment falling to be made by the trustees under any such other approved arrangement.
\n
(6)Subject to section 190
\n
(4), the trustees of a scheme in respect of which an order has been made under section 187
\n
(2)shall, within 3 months of the death of the qualified cohabitant who is not the member and who dies before payment of the designated benefit has commenced, provide for the payment to the personal representative of that qualified cohabitant of an amount that is equal to the transfer amount calculated in accordance with relevant guidelines.
\n
(7)Subject to section 190
\n
(4), the trustees of a scheme in respect of which an order has been made under section 187
\n
(2)shall, within 3 months of the death of the qualified cohabitant who is not the member and who dies after payment of the designated benefit has commenced, provide for the payment to the personal representative of that qualified cohabitant of an amount that is equal to the actuarial value, calculated in accordance with relevant guidelines, of the part of the designated benefit that, but for the death of that qualified cohabitant, would have been payable to him or her during his or her lifetime.
\n
(8)The trustees of a scheme in respect of which an order has been made under section 187
\n
(2)or (5) shall, within 12 months of the member qualified cohabitant’s ceasing to be a member, notify the registrar or clerk of the court and the other qualified cohabitant of the cessation, if the trustees have not applied the transfer amount in accordance with any of subsections (1) to (6).
\n
(9)The trustees of a scheme who apply a transfer amount under subsection (3) or (5) shall notify the qualified cohabitant who is not the member and the registrar or clerk of the court, giving particulars to that qualified cohabitant of the scheme and the transfer amount.
\n
Payments further to orders under section 187 .
\n
190.— (1) A benefit payable pursuant to an order made under section 187
\n
(2), or a contingent benefit payable pursuant to an order made under section 187
\n
(5), is payable out of the resources of the scheme and, unless the order or relevant guidelines provide otherwise, in accordance with the rules of the scheme and those guidelines.
\n
(2)The amount of retirement benefit payable to the member qualified cohabitant, or the amount of contingent benefit payable to or in respect of the member qualified cohabitant, in accordance with the rules of the relevant scheme shall be reduced by the designated benefit or contingent benefit payable pursuant to an order made under section 187
\n
(2)or (5), as the case may be, to the other qualified cohabitant.
\n
(3)The amount of contingent benefit payable in accordance with the rules of the scheme in respect of a member qualified cohabitant who dies before the payment of the designated benefit payable pursuant to an order under section 187
\n
(2)has commenced shall be reduced by the amount of the payment made under section 189
\n
(4).
\n
(4)Trustees who make a payment or apply a transfer amount under any of subsections (1) to (7) of section 189 are discharged from any obligation to make further payment or apply another transfer amount under any of those subsections in respect of the benefit payable pursuant to the order made under section 187
\n
(2).
\n
(5)A trustee is not liable for any loss or damage caused by complying with a direction referred to in section 188
\n
(3)rather than the rules of the scheme or the Act of 1990.
\n
Costs.
\n
191.— (1) The court may determine the manner in which the costs incurred by the trustees of a scheme further to an order under section 187 are to be borne, including by one or the other of the qualified cohabitants or by both of them in the proportions that the court may determine, and in default of a determination, the qualified cohabitants shall bear those costs equally.
\n
(2)The court may, on application to it by the trustees, order that an amount ordered to be paid by a qualified cohabitant under subsection (1) that has not been paid be deducted from any benefits payable to the qualified cohabitant— (a) pursuant to an order made under section 187 , if the qualified cohabitant is the beneficiary of the order; and (b) pursuant to the scheme, if the qualified cohabitant is the member qualified cohabitant.
\n
Value of benefit calculation.
\n
192.— For the purposes of this section and sections 187 to 191 , the court may, of its own motion, and shall, if so requested by either of the qualified cohabitants or another concerned person, direct the trustees of the scheme to provide the qualified cohabitants or the other person and the court, within a specified period of time— (a) with a calculation of the value and amount, determined in accordance with relevant guidelines, of the retirement benefit or contingent benefit that is payable or that would have been payable under the scheme and has accrued at the time of making the order, and (b) with a calculation of the amount of the contingent benefit that is payable or that would have been payable, under the scheme.
\n
Mediation and other alternatives to proceedings.
\n
193.— (1) The court may adjourn or further adjourn proceedings under section 173 at any time for the purpose of enabling the cohabitants to attempt, if they both so wish, with or without the assistance of a third party— (a) to reconcile, or (b) to reach agreement on some or all of the terms of a possible settlement between them.
\n
(2)Either or both of the cohabitants may at any time request that the hearing of proceedings adjourned under subsection (1) be resumed as soon as may be and, if a request is made, the court shall, subject to any other power of the court to adjourn proceedings, resume the hearing.
\n
(3)The powers conferred by this section are additional to any other power of the court to adjourn proceedings.
\n
(4)The court may, at its discretion when adjourning proceedings under this section, advise the cohabitants to seek the assistance of a mediator or other third party in relation to the cohabitants’ proposed reconciliation or reaching of an agreement between them on some or all of the terms of a possible settlement.
\n
Application for provision from estate of deceased cohabitant.
\n
194.— (1) A qualified cohabitant may, after the death of his or her cohabitant but not more than 6 months after representation is first granted under the Succession Act 1965 in respect of that cohabitant’s estate, apply for an order under this section for provision out of the net estate.
\n
(2)Notwithstanding subsection (1), a qualified cohabitant shall not apply for an order under this section where the relationship concerned ended 2 years or more before the death of the deceased, unless the applicant— (a) was in receipt of periodical payments from the deceased, whether under an order made under section 175 or pursuant to a cohabitants’ agreement or otherwise, (b) had, not later than 2 years after that relationship ended, made an application for an order under section 174 , 175 or 187 and either— (i) the proceedings were pending at the time of the death, or (ii) any such order made by the court had not yet been executed, or (c) had, not later than 2 years after the relationship ended, made an application for an order under section 174 , 175 or 187 , the order was made, an application under section 173
\n
(6)was subsequently made in respect of that order and either— (i) the proceedings in respect of that application were pending at the time of the death, or (ii) any such order made by the court under section 173
\n
(6)in favour of the qualified cohabitant who is the applicant under this section had not yet been executed.