Financial Orders

The following is information on some of the relief orders which can be applied for under the Divorce Act. The list is not and does not purport to be a complete list of the relief's available. Nor are the contents to be ascribed as a true copy of the legislation when in fact they are not, nor are the contents to be regarded as, in any way, legal advice or legal opinion, nor should they be relied upon as advice. What follows should be taken as an information guide only as to what could be available under the legislation and any interpretation given in relation to the legislation or part thereof or any comments made are our own and are not meant to be in any way legal advice or legal opinion. If you wish to take advice on a matter of disagreement or are interested in applying for relief orders that affect your spouse then you should contact a solicitor.

Preliminary Maintenance Order - an order for maintenance pending suit (in other words a preliminary maintenance order) requiring your spouse to pay a periodical payment or lump sum payment for your support and or any dependent member of the family from the date of your application to the court until the date the court considers and/or determines the application.

Periodical Payment Order - a periodical payment or maintenance order, a secured periodical payment and/or a lump sum payment for the benefit of either spouse and/or dependent children.

Property Adjustment Order - for the transfer, settlement, variation or extinguishment of interest of any property in the ownership of either party.

Life Assurance/Financial Compensation – provision or compensation for the loss of the opportunity or possibility of acquiring a benefit under a life assurance policy, financial compensation in addition to or in substitution for a periodical payment order, a property adjustment order, an order in relation to the family home and/or a pension adjustment order.

Family Home - an order for the right to occupy, the sale of or determination of possession of the family home, its protection and other orders.

Pension Adjustment Order – in relation to a retirement benefit or a contingent benefit.

Orders for Provision out of Estate of other Spouse - An Order under Section 18 allows a spouse divorced under the Family Law (Divorce) Act, 1996 to apply for provision out of the estate of a deceased spouse on the grounds that proper provision was not made for the applicant during the lifetime of the deceased. The application must be made within 6 months after representation is first granted under the Succession Act, 1965. An Order under Section 18, sub-section (10) prevents a spouse from applying for provision out of the deceased spouses estate.

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