Pensions can be very valuable assets, and if you or your spouse/civil partner/qualified cohabitant have been paying into a pension for a long time, it could represent a significant amount in terms of the overall assets of the family.

Pension entitlements of the parties to a divorce or separation need to be set out in a court order, and there is a specific procedure for doing this. Your solicitor will be able to advise you on this. Pension rights cannot be shared out without a court order – a separation agreement cannot share out pension rights.

It is important to take advice about pensions and to decide what will happen, including securing the relevant court orders. This is particularly important where there are children and/or other dependents.

For more information see the Pensions Authority guide ‘A Brief Guide to the Pension Provisions of the Family Law Acts’ and talk to your solicitor.

When you are preparing for a judicial separation or divorce, you will have to look at any assets you may have (property, savings and/or investments); as these will be divided between the parties.

You will also need to look at your income, and your outgoings in order to come up with a budget for the family, and to assess what maintenance may be payable.

To allow for decisions to be made on financial matters, each person must make an affidavit of their means, that is, they must make a listing of all of their income and anything they own or have a share in, and swear that it is an accurate account.

The affidavit document is available on the Courts service website.

The affidavits of means will be used to negotiate the division of assets and to decide on maintenance amounts payable.