Civil Partnership and Cohabitation Agreement Solicitors Dublin
Family Law: Civil Partnership & Co-Habitation Agreements
Maura Hurley Solicitors is one of Dublin’s best know Family Law Solicitors specialising in civil partnerships & cohabitation agreements and is based in Dublin 7
CIVIL PARTNERSHIP AND COHABITATION
Civil Partnership and Certain Rights and Obligations of Cohabitants Act of 2010.
The court may on the application to it on behalf of either of the Civil Partners or by any other person who in the opinion of court has a sufficient interest in the matter make one or more of the following orders in relation to a Civil Partnership.
1. an order declaring that the Civil Partnership was at its inception a valid Civil Partnership
2. An order declaring that the Civil Partnership subsisted on a date specified in the application
3. An order declaring that the Civil Partnership did not subsist on a date specified in the application other than the date of its inception
1.The court may only make an order if one of the Civil Partners is domiciled in Ireland on the date of the application.
2. Has been ordinarily been resident in Ireland throughout the period of one year immediately preceding the date of the application
3. Dies before the date of the application and was at the time of death domiciled in Ireland or had been ordinarily resident in the state throughout the period of one year immediately preceding the date of the application.
The courts can make property adjustment orders, pension orders , Maintenance orders etc.
Maura Hurley Solicitors can assist you with advice and preparing the application for court and provides a nationwide service.
A qualified Co-Habitant means an adult who was in a relationship of Co-Habitation with another adult and who immediately before the time the relationship ended whether through death or otherwise was living with the other adult as a couple for a
1. Period of 2 years or more in the case where they are the parents of one or more children and
2. 5 Years or more i any other case
The court has the Jurisdiction to make property adjustment orders, Pension Adjustment Orders, Maintenance Orrders and Custody and Access orders and any other orders within the Jurisdiction of the Courts.
Maura Hurley Solicitors can advise and assist you with the preparation of the application and she provides a nationwide service.
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Cohabitation Rights under the Civil Partnerships and Cohabitants Act 2010.
Under the Civil Partnerships and Cohabitants Act 2010, a new redress scheme has been established in order to provide rights for couples of the same or opposite sex who are cohabiting but not married or not a registered civil partnership.
If the couple separate one of the parties may apply to court for financial and other relief.
Is there a time limit to apply to court? The redress scheme may be activated by the end of a relationship or upon the break up or death of a partner. Proceedings must be issued within two years of the relationship ending:
The categories of people that are covered and that may apply under the scheme are couples who are residing together for a two year period where there are children or a five year period were there are no children. The couple must also fall into the definition of a qualified cohabitant.
What is the definition of a qualified cohabitant?
A qualified cohabitant is defined as one of two adults of the same or opposite sex who live together in an intimate committed relationship and who are not related within the prohibited degrees of a relationship or not married or are not civil partners of each other.
A court may take certain criteria into account when considering whether or not parties are cohabiting.
These are as follows:
1.The duration and base of the relationship.2.The nature of the common residence.3.The degree to which one qualified co-habitant relies financially dependent upon the other.
4.The care and support of children.5.Mutual commitment to a shared life.6.The reputation and public aspects of the relationship.7.The nature of financial arrangements and any property purchases.
What Orders can a Court make?
A qualified cohabitant may apply to Court for financial relief under the act on the termination of the relationship, the following orders may be sought: 1.Pension Adjustment Orders that a qualified cohabitant may apply for a portion of the other cohabitants pension2.Maintenance Orders, a qualified cohabitant may apply for a lump sum or a periodical maintenance payment from the other co habitant.3.A property adjustment order, the Court may award a portion of the other co-habitants property.4.Succession Act Rights, the act does not grant any automatic succession act rights however upon the death of a cohabitant but not more than 6 months after the Grant of Probate has issued one may make an application to court for provision out of the estate.
Can I enter an agreement with my partner in order to avoid the legislation applying to our relationship?
Yes, by way of a Cohabitation Agreement, the act specifically provides for the legal recognition of cohabitation agreements. A cohabitation agreement is an agreement entered into by cohabitants which regulate the shared financial affairs of cohabitant couples and enables couples to opt out of the entitlement under the act when such an agreement is entered in to.
The act specifically states that cohabitation agreements will only be enforceable upon the following terms:
a) That both parties have received independent legal advice or both have received legal advice and one party has waived independent legal advice.
b) The terms are negotiated on the basis of a full financial disclosure by both co-habitants.
c) The agreement must be in writing and the general law contract must be complied with.
d) Parties can make provision for each other through the cohabitation agreement.
e) The court still has an overriding power to go beyond any cohabitation agreement if it is in the interest of justice to do so.
The benefit of such agreement may take the pressure off the couples who do not wish to have the pressure of this legislation during their relationship