Pensions Solicitors Ireland

Blanchardstown, Castleknock, 27 Upper Mount Street, Dublin City Centre

Pensions

A pension can be one of the most valuable financial transactions of your lifetime, yet in our minds, it tends to be a background consideration. As you navigate a family law matter, planning for your future becomes imperative and this in turn means a review of pensions. This is where our Pensions Solicitors in Ireland can help you.

If you or your spouse/civil partner/qualified cohabitant have been contributing to pension arrangements for some time, pensions could be a very significant in terms of your family assets.

Some pensions have valuable death in service or death in retirement benefits which need to be assessed and reviewed, these are known as contingent benefits. If you have children, you may wish to consider how these contingent benefits will operate on death of either you or your spouse and this must be assessed in terms of your pension scheme. Only a Court Order can vary pension rights, a pension cannot be shared out without a court order, in this respect a separation agreement cannot vary pension rights and in this respect a Judicial Separation or Divorce application is required.

Frequently Asked Questions of our Pensions Solicitors in Dublin, Ireland

What happens to your pension in a divorce?

Pensions can be complicated assets, and in turn family laws contain a complicated system for dividing up pension benefits.

One solution is to leave the parties’ pensions alone but to change the way other assets are shared out.

It is open to the Court to make specific Pension Adjustment Orders, these can be nil orders, leaving each with their own pension absolutely, or they can effectively give rise to pension splitting, or earmarking of pension benefits. The Pension Adjustment Orders can deal with both the retirement benefits in this way, and the contingent benefits (i.e. death in retirement, death in service benefits), and it does not always follow that these different types of pension benefits are treated identically.

If the pensions are valuable assets, the assistance of a pensions actuary to conduct a pensions comparison report and valuation may be required to assess the true value of the assets.

Can a spouse get a pension in a divorce?
Yes, this is possible or the pension can be split or a portion earmarked.

These are known as a ‘Pension Adjustment Orders’ (PAO). At the conclusion of the case these Court Orders are servced on the trustees of the pension scheme of which either the spouse /civil partner/ qualified cohabitant is a member, requiring the trustees of the pension scheme to pay a proportion of the pension benefits to the other spouse/civil partner/ qualified cohabitant or the Order can be for the benefit of a child or dependent member of the family.

These type of remedies tend to be limited to the duration of the marriage and to the date of the order only. Pensions are complex and our pensions solicitors in Ireland are expert at guiding you as you progress with regards to review of such matters.

Alternatively other financial remedies may be used to balance the pension asset (such as financial orders, property adjustment orders, maintenance orders etc.)

Do I have to declare a pension in a divorce?

Yes, like any asset, non disclosure will only cause significant problems down the line. Also bear in mind by default the terms of your pension scheme may already be providing a contingent benefit to your spouse that you may wish to vary. Not disclosing a pension could cause you (or your family after your death) considerable bother on a variety down the line. For more information on this get in touch with our Pensions Solicitors in Ireland.

We are not married, we are a non marital couple separating, does that mean I cannot make a pension type claim?
No, non marital couples can make a claim against the former partner’s pension if you are what is known as “a qualified cohabitant”.

The law recognises that non marital relationship breakdown does occur and under the Civil Partnership and Cohabitants Act 2010, a qualified cohabitant is an adult who was in an intimate and committed relationship with another (whether of the same or opposite gender), and who immediately before the time that the relationship ended, was living with the other adult as a couple for (i) a period of two years or more where they are the parents of one or more dependent children and (ii) for a period of five years or more in any other case.

There is no provision for the making of an order in favour of a
dependent member of the family in such cases. It is possible for qualified cohabitants to enter into an agreement between themselves to provide for financial matters during the relationship or when it ends, through death or otherwise and to ‘opt out’ of the ability to apply for pension adjustment orders. For more information contact our expert Pensions Solicitors in Ireland for more information.

I do not have a pension, what does that mean for me?

Even if you do not hold a pension, your spouse might, so while your actual (or what is called at law ‘direct’) contributions to the pension funds may have been nil, you may have been indirectly contributing towards these assets by work in the home that enabled the direct contributor accumulate the asset.

Given that your circumstances are changing it is worth spending time in any event considering your future planning and financial needs. At Carmody Moran we recognise this is an important component of your family law case and your legal advice needs.

What next?

If you would like to discuss any of the issues around separation agreements, divorce, or relationship breakdown arising from marital breakdown or cohabiting breakdown, above, please contact us to speak with one of our reassuring family law and pensions solicitors in Ireland about how we can help by email solicitor@carmodymoran.ie or telephone (01) 8272888.

For Pensions Solicitor in Ireland for Separation Agreements and further information on separation agreements in Ireland please feel free to telephone our Family Law & Pensions Solicitors at the office on 27 Upper Mount Street in Dublin City Centre on 01 827 2888 or use the quick enquiry form.

Your Expert Pensions in Ireland Legal Team

At Carmody Moran Solicitors in Dublin our experienced family law and pensions solicitors in Ireland are on hand to advise and skilled in handling all nature of separation agreements.

The two partners of Carmody Moran Solicitors in Dublin have a combined total of in excess of twenty five years professional legal experience. Together with their associates they as solicitors for separation agreements aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.

Anthony-Carmody-Solicitor-Dublin

Anthony Carmody

Partner

Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.

He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.

Niamh-Moran-Family-Law-Solicitor-Dublin

Niamh Moran

Partner

Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.

Niamh manages the family lawconveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.

*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.

INDEPENDENT GOOGLE CLIENT REVIEWS

Joe Marsh
Joe Marsh
17:59 26 Sep 22
We recently closed on a first time house purchase and we were very pleased with how the whole process was handled at Carmody Moran. They always responded clearly and promptly to the many queries I had along the way and were on the ball with following up issues with the sellers solicitors to keep the process moving.The reason I went with them originally over other options was because they gave a very clear breakdown for the charges and the quoted price we were given was transparent and easy to understand compared to other quotes I received.I will definitely use them again if the need arises and recommend them to my friends and family.
Kenneth Ohaa
Kenneth Ohaa
09:52 01 Sep 22
I got the keys to my new house a few weeks back. I cannot recommend Carmody Moran Solicitors highly enough. It was a bit lengthy as I was buying and selling at the same time. In such cases you need experienced and competent solicitors such as Carmody Moran Solicitors.Stephanie and Helen were a pleasure to work with. Very transparent and communicative. Also occasionally dealt with Lucy and Caila. They were brilliant as well.I would like to say Thank you to the entire Carmody Moran team.Kenneth
Salt Almighty
Salt Almighty
06:16 10 Aug 22
I needed a solicitor to arrange a mortgage, and they went above and beyond to help me !I would advise them to anyone
Andrew NEROH
Andrew NEROH
19:39 04 Jul 22
My partner and I recently made the acquisition of our first home and it was a lengthy and difficult process, due to the fact we were buying from a receiver.In such difficult cases, you will need a legal representation as competent and professional as Carmody Moran Solicitors on your side.We were primarily dealing with Stephanie who gave us regular updates, helped us understand what is happening and what to do. We felt our interest always came first which made every appointment with her something we looked forward to.We were also occasionally in contact with Lucy, Niamh and other brilliant members of the firm, all of whom provided an excellent level of support and knowledge in Stephanie's absence.I couldn't recommend Carmody Moran enough. I would like to give a heartfelt thank-you on behalf of myself and my partner to every one involved at the firm who helped us make our dream a reality. We will not hesitate to call upon your services again should the occasion arise.Andrew.
jonathan
jonathan
16:14 28 Jun 22
I would highly recommend Carmody Moran Solicitors. Niamh Moran and her team helped and supported me through the sale of my home. The transaction was dealt with efficiently and quickly. Every step was clearly explained from the Sale Questionnaire, Contract for Sale to Completion.
Herghelegiu Oana
Herghelegiu Oana
22:44 20 Jun 22
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
Karolina Siwakowska
Karolina Siwakowska
20:00 28 Mar 22
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
ciara daly
16:27 18 Feb 22
Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
Cassandra Reyes
Cassandra Reyes
11:11 14 Jan 22
Tony is quick and responsive to me. Very professional and would definitely recommend to my family and friends.Thank you so much.
Martin Kinsella
Martin Kinsella
17:23 15 Dec 21
CarmodyMoran were a pleasure to deal with. I found them to be extremely helpful in all my queries and responded to me in a very personal and professional manner.
Marie Byrne
Marie Byrne
14:06 30 Nov 21
Anthony & Niamh are our family Solicitor, so had no hesitation when the decision was made to sell of our family home. They dealt with my dad in the most caring manner explaining everything in detail. I dealt with Helen Ryan and Stephanie Tierney. The response to every query was exceptional. An absolute pleasure to deal with. If they were unavailable Emma at reception would pass all messages on. It was a very positive experience and a fantastic team at Carmody/Moran Solicitors. Thank you. Marie Byrne
Jennifer Foley
Jennifer Foley
18:13 27 Nov 21
Excellent.I am a client of Carmody Moran for the last few years.Niamh is a lovely person she made a difficult and lengthy process easy and answered any questions in a timely manner, very approachable and thorough.With her guidance and experience I found her to be very professional and understanding of my position, every step of the process was explained to me without overwhelming me.I cannot speak highly enough of Niamh and her team.I am happy to recommend them to anyone.
Richard Lawrence
Richard Lawrence
13:04 02 Sep 21
Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Fran Carroll
Fran Carroll
18:10 10 Jun 21
Tony an his team are brilliant.Left no stone unturned.
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Annamay Rowan
Annamay Rowan
12:21 10 Mar 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
Anant Batra
Anant Batra
00:05 05 Feb 21
Fantastic experience dealing with Anthony. Excellent and quick communication. Would highly recommend!
Elvyra Petkeviciute
Elvyra Petkeviciute
15:43 02 Sep 20
Great service, efficient, proffesional, very responsive. Over all very happy with services.
Tracy Ankers
Tracy Ankers
11:22 02 Aug 20
Would highly recommend Anthony and his team .
Elaine McSweeney
Elaine McSweeney
10:01 31 Jul 20
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Maxine Hudson
Maxine Hudson
13:47 12 May 20
Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Mark Kelly
Mark Kelly
02:11 06 Feb 20
Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mick Giles
Mick Giles
15:50 09 Dec 19
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
david clarke
david clarke
17:01 02 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
Matthew Canning
Matthew Canning
17:17 23 May 19
Streetfront Lawyers.
Alan Alyyan
Alan Alyyan
19:14 21 Jan 19
Professional Solicitors that you can depend on!
Vanja Jovanovic
Vanja Jovanovic
07:49 06 Jul 18
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Bonnie B
Bonnie B
07:52 14 Jun 18
Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
declan mcgrath
declan mcgrath
07:36 12 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
Phyllis Dalton
Phyllis Dalton
16:33 31 May 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
Andrew Penrose
Andrew Penrose
23:57 24 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Paul Moran
Paul Moran
17:52 25 Feb 18
Professional but very friendly and courteous.
jingjing xu
jingjing xu
16:11 15 Jun 15
I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
David McGowan
David McGowan
16:43 14 May 15
I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
Terry Palmer
Terry Palmer
15:24 23 Apr 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
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