Cohabitants have been given rights to apply for maintenance and other reliefs under a Scheme for Redress in this Act.

We set out here a summary of the main provisions.

This is merely a guide and does not constitute legal advice.

If you wish to ensure the Act does not apply to you, you should have a Cohabitants Agreement drafted by a Solicitor.

Everyone's circumstances are different and you should obtain legal advice before making any assumptions about your situation.

TO BE A QUALIFIED COHABITANT:-

1. LIVE TOGETHER AS A COUPLE I.E. “Intimate Relationship”
   • MALE AND MALE,
   • FEMALE AND MALE
   • FEMALE AND FEMALE.
2. NOT RELATED WITHIN PROHIBITED DEGREES OF RELATIONSHIP

• NOT MARRIED TO EACHOTHER,
• NOT CIVIL PARTNERS OF EACH OTHER.

IN THE PAST THIS WAS OFTEN DESCRIBED AS COMMON LAW SPOUSES UNTIL THIS ACT.RIGHTS OF COHABITANT ARE DISCRETIONARY – NOT AS STRONG AS RIGHTS OF CIVIL PARTNERS OR SPOUSES.QUALIFIED COHABITANT:-
Living together two years with children before separation or death
Living together five years before separation or death with no children.
COHABITATION AGREEMENT –

Can it apply to Court if this was signed with full independent legal advice received by both parties.

ORDERS THAT THE COURT MAY MAKE

REMEMBER IT IS DISCRETIONARY ONLY IF IT IS “JUST AND EQUITABLE” TO MAKE AN ORDER

1. PROPERTY ADJUSTMENT ORDER

2. VARIATION OF COHABITATION AGREEMENT OR WILL.

3. COMPENSATORY MAINTENANCE.

4. LUMP SUM.

5. PENSION ADJUSTMENT ORDER.

COHABITANT MUST APPLY WITHIN TWO YEARS OF SEPARATION

ORDERS THE COURT MAY MAKE ON DEATH OF A COHABITANT

LUMP SUM PAYMENT OF ESTATE OF DECEASED COHABITANT ONLY IF THE SURVIVING COHABITANT IS IN RECEIPT OF MAINTENANCE.

CIVIL PARTNERSHIP

ANY SAME SEX COUPLE WHO ARE NOT MARRIRED AND ARE NOT WITHIN THE PROHIBITIVE DEGREES OF RELATIONSHIP CAN REGISTER AS CIVIL PARTNERS. SIMILAR PROCEDURES APPLY WITH REGARD TO REGISTERING AS CIVIL PARTNERS AS APPLYING TO REGISTERING TO MARRY. I.E. IF THREE MONTHS NOTICE IS NOT GIVEN THEN THE COURT MUST SANCTION THE LESSOR NOTICE GIVEN.

RIGHTS OF CIVIL PARTNERS

1. PROTECTION OF PROPERTY. THE ATTEMPTED SALE OR RE-MORTGAGE OF A PROPERTY WITHOUT THE CONSENT OF THE OTHER CIVIL PARTNER IS UNLAWFUL.

2. MAINTENANCE.

ONE PARTY CAN APPLY FOR MAINTENANCE FROM THE OTHER. WHERE THERE ARE CHILDERN THE APPLICATION WILL STILL BE MADE UNDER THE MAINTENANCE OF CHILDREN AND SPOUSES ACT 1976.

3. AGREEMENTS FOR MAINTENANCE

AGREEMENTS FOR MAINTENANCE CAN BE MADE A RULE OF COURT. THE DISTRICT COURT CLERK CAN RECEIVE PAYMENTS FOR TRANSMISSION ON TO THE PERSON ENTITLED TO THE MAINTENANCE.

4. LUMP SUM ORDERS MAY BE MADE.

5. ATTACHMENT OF EARNINGS ORDERS MAY BE MADE IN APPROPRIATE CASES.

SUCCESSION OR INHERITANCE

CIVIL PARTNERS NOW HAVE THE SAME RIGHTS AS A SPOUSE I.E. NO WILL AND NO CHILDREN. - CIVIL PARTNER TAKES ALL.

NO WILL – CIVIL PARTNER DIES LEAVING CHILDREN – CIVIL PARTNER GETS TWO THIRDS AND REMAINDER GOES TO THE CHILDREN.

CIVIL PARTNER DIES LEAVING WILL – CIVIL PARTNER HAS LEGAL RIGHT SHARE TO ONE THIRD OF THE ESTATE.

SIMILAR PROVISIONS WITH REGARD TO DESERTION.

DOMESTIC VIOLENCE

COHABITING PARTNERS ARE ALREADY COVERED BY THE DOMESTIC VIOLENCE ACT 1996. CIVIL PARTNERS NO LONGER HAVE THE REQUIREMENT TO BE TOGETHER WITH THE OTHER PARTNER FOR SIX OUT OF THE PAST NINE MONTHS AS IS REQUIRED FOR UNMARRIED COUPLES IN THE 1996 ACT. THE CHILDREN OF CIVIL PARTNERS ARE NOT MENTIONED.

ETHICS AND CONFLICTS OF INTEREST

A RELATIVE OF A PERSON SHALL BE CONSTRUED AS INCLUDING A CIVIL PARTNER AND THE CHILD OF A CIVIL PARTNER.

PENSIONS

NOW INCLUDES CIVIL PARTNERS WHERE SPOUSE IS MENTIONED.

ENDURING POWERS OF ATTORNEY ACT 1996

CIVIL PARTNER INCLUDED WHERE SPOUSE PREVIOUSLY WAS INCLUDED.

TITLE TO OR POSSESSION OF PROPERTY

DISPUTES OVER THE OWNERSHIP OF MONEY IN BANK ACCOUNTS CAN BE DETERMINED BY THE COURT.

NULLITY

SIMILAR TO DECREE OF NULLITY IN THE CONTEXT OF MARRIAGE.

DISSOLUTION

A DECREE WILL ONLY BE MADE WHERE CIVIL PARTNERS HAVE LIVED APART FROM ONE ANOTHER FOR A PERIOD OR PERIODS AMOUNTING TO AT LEAST TWO YEARS DURING THE PREVIOUS THREE YEARS AND THAT THE COURT CONSIDERS PROPER PROVISION HAVING REGARD TO THE CIRCUMSTANCES EXISTS OR WILL BE MADE FOR THE CIVIL PARTNERS – SIMILAR TO AN APPLICATION FOR DIVORCE.

MEDIATION – ALTERNATIVE DISPUTE RESOLUTION

PROCEEDINGS FOR DISSOLUTION CAN BE ADJOURNED AT ANY TIME ON THE APPLICATION OF EITHER PARTY THAT THEY WISH TO ATTEMPT TO RECONCILE OR REACH AN AGREEMENT BY WAY OTHER THAN BY COURT PROCEEDINGS.

PROPERTY ADJUSTMENT ORDERS

SIMILAR TO THE ORDERS OBTAINABLE UNDER THE SEPARATION AND DIVORCE LAWS.

SEPARATION AGREEMENT

DOES NOT PRECLUDE ONE FROM APPLYING FOR A DECREE OF DISSOLUTION.

DISTRICT COURT MAINTENANCE LIMIT

€500.00 PER WEEK FOR SUPPORT OF CIVIL PARTNER.

DISTRICT COURT CAN DEAL WITH APPLICATIONS FOR SHARED HOME PROTECTION.

REPOSSESSION BY MORTGAGE COMPANY

A CIVIL PARTNER OF THE PERSON WHO HAS THE MORTGAGE CAN INTERVENE IN PROCEEDINGS AND MAKE PAYMENTS.

DISTRICT COURT

CAN DETERMINE WHETHER THE CONDUCT OF ONE PARTY IS LIKELY TO LEAD TO THE LOSS OF THE SHARED HOME OR THAT THE DISPOSAL OF HOUSEHOLD CHATTLES IS IN REDUCTION OF OR IN BREACH OF THE OTHER CIVIL PARTNERS RIGHTS.

TRANSFER OF PROPERTY INTO JOINT TENANCY

EXEMPT FROM FEES WHETHER BY WAY OF STAMP DUTY OR REGISTRATION. THIS IS TO ENCOURAGE JOINT OWNERSHIP BETWEEN CIVIL PARTNERS