Solicitor who handled judicial separation and later divorce struck off.

ivannomonet

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Hi All, I have a dilemma that I am hoping someone can advise me on how best to proceed.
I separated from my ex-wife in 1997 and left the family home. No children in the relationship, both working at the time.
I employed a solicitor to handle a judicial separation between my ex-wife and myself in 2000.
Later in 2002, the same solicitor handled the divorce for me.

As part of the judicial separation agreement in 2000, under the advice of the solicitor I signed over all and any interest in the family home to my then wife and in return she agreed to relinquish any claim on my defined contribution pension fund.

During the divorce proceedings in 2002 which she did not contest nor attend, the judge noted that an individual could not sign away a right to a share of my pension but in recognisance of the fact she had been given the family home in return he made a pension adjustment order for “a nominal amount” to comply with the law.

When I queried with the solicitor what a nominal amount was, he replied a penny would suffice to say she had been given a share. A token gesture would fulfill the legal requirements. A pension adjustment order was submitted to the pension trustees afterwards.

A few months back I had a meeting with a representative from the pension company to do a review of my fund choices.
I asked what my final pension fund was likely to be based on usual assumptions regarding growth, contributions etc.
He stated he was unable to tell me as he noted there was a pension adjustment order on file but no details associated with it.
He went back through the records over several weeks and was able to tell me they had sent several letters to the solicitor asking for the details which were never replied to.

I then tried to contact the solicitor only to find he was struck off for fraud around 2015/2016.
I contacted the law society of Ireland and eventually a person came back to me stating they had his historic files and requesting my name, date of birth, addresses, dates of both legal proceeding and court they occurred in.
I later received a reply saying they could find no files at all relating to me as a client of the business and they could do no more.

I had since remarried and have 4 children.
I have had no contact with my first wife since 2000 and since the separation was not amicable she is likely to take everything she could possibly get if I approached her to get involved.

My question now is how do I proceed to clean up this mess? Would a court have a record of this “nominal amount” or some other entity?
Any advice welcome.
 
My question now is how do I proceed to clean up this mess? Would a court have a record of this “nominal amount” or some other entity?
Were you ever supplied with the deed of separation or terms of settlement? It should have been stated in the latter.

the judge noted that an individual could not sign away a right to a share of my pension but in recognisance of the fact she had been given the family home in return he made a pension adjustment order for “a nominal amount” to comply with the law.
That seems strange as I'm familiar with the terms of settlement of a divorce about ten years ago where Spouse 1 received the entire rights to Spouse 2's pension, a "pension adjustment order". Spouse 2 received no rights to Spouse 1's pension. Maybe the law changed after 2002.
 
Yes I have both documents but there is only mention on the divorce decree of "a nominal amount".
IANAL but I in your shoes I would hire a new solicitor and supply them with the terms of settlement. They should be able to advise how much a nominal amount is in € terms.

When it comes to draw down your solicitor should write to your pension provider saying "please deduct €X per month in favour of my client's ex-wife in line with the terms of their 2002 divorce. I attach her last address known to my client."

The pension provider can then make an effort to contact her or hold it in reserve if she doesn't respond.

Otherwise I wouldn't worry. She will never be able to turn the words "a nominal amount" into anything substantial.
 
IANAL

I believe nowadays it is 0.01% or less e.g. one day of reckonable service.

I think a Pension Adjustment Order must be completed within a year. I don't think your ex-wife would have a chance of enforcing it now.

I would contact the Pensions Authority before engaging a solicitor - https://www.pensionsauthority.ie/en/

Do you know if your ex-wife has remarried?
 
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I then tried to contact the solicitor only to find he was struck off for fraud around 2015/2016.
I contacted the law society of Ireland and eventually a person came back to me stating they had his historic files and requesting my name, date of birth, addresses, dates of both legal proceeding and court they occurred in.
I later received a reply saying they could find no files at all relating to me as a client of the business and they could do no more.
I thought about this a bit more and I don't think the files from your previous solicitor are even relevant.

The terms of settlement are the basis for the pension adjustment order, this just has to be clarified by a new solicitor to your provider.
 
OP can contact the relevant Circuit Court Office and take up a copy of the Pension Adjustment Order made.
It will be separate from the Divorce Order.
It is likely that the Order, as per Paid's reply, was for a very nominal (as in not worth more than a tiny miniscule) amount.

mf
 
IANAL

I believe nowadays it is 0.01% or less e.g. one day of reckonable service.

I think a Pension Adjustment Order must be completed within a year. I don't think your ex-wife would have a chance of enforcing it now.

I would contact the Pensions Authority before engaging a solicitor - https://www.pensionsauthority.ie/en/

Do you know if your ex-wife has remarried?
I know she has not remarried
 
OP can contact the relevant Circuit Court Office and take up a copy of the Pension Adjustment Order made.
It will be separate from the Divorce Order.
It is likely that the Order, as per Paid's reply, was for a very nominal (as in not worth more than a tiny miniscule) amount.

mf
Thanks MF. I will try this route first.
 
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