Q. My ex-wife and I were only together for a few years. We separated amicably enough after about 10 years and got a separation agreement done with our solicitors. We did the divorce ourselves, representing ourselves. My ex has now sent a letter from her solicitors wishing to discuss pensions and “other formal property issues”. As far as I am concerned, this was all done and dusted some time ago, so I’m at a bit of a loss as to where this is coming from. Can you give me advice?
Dear Reader,
The first thing you should do is consult with your solicitor, as it would be important to ascertain precisely what is being sought.
I note that you were married for some time, and presumably at that time you were both paying into your pensions. The issue of pensions should have been dealt with at the time of making of the divorce. The split (if any) of the pension fund or death in service benefit would be agreed between the parties. Often, spouses decide to opt for a ‘nil’ pension adjustment, essentially allowing each spouse to retain their pension funds.
However, as it is more than a year since your divorce, the court cannot now deal with ‘contingent benefits’, i.e. any death in service portion you or your spouse may have in your pension. Those benefits would then be paid under the rules of the particular pension policy.
Commonly, divorce orders often contain what is known as a blocking order, barring spouses from claiming from the estate of each other.
It is possible that your ex-spouse may also simply want to clear up property or title issues that have already been agreed by you both.
However, the law in Ireland does not recognise the concept of a ‘clean break’ divorce. A material change in circumstances can sometimes result in the court amending the term of a divorce order.
An example of the dramatic change would be a substantial increase or decease in the value of assets, or income of either spouse. The fact that one or other spouse received an inheritance would not be, in and of itself, a change in material circumstances. Each case would be decided on its own merits.
The courts are generally reluctant to interfere with a divorce order previously made unless there has been such a change in material circumstances.
You should consult with your solicitor as regards your next steps.