Question
I am living in a committed relationship but am not married. I do not wish to get married. What difference will the new Civil Partnership Act make to my situation?
Answer
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 has been passed by the Oireachtas but has not yet been commenced (is not in force). The main purpose of the Act is to provide for civil partnerships for same sex couples. The Act, when commenced (probably in early 2011), will also provide for a redress system for financially dependent cohabiting partners in both same sex and opposite-sex relationships – who are not married or in a civil partnership. Cohabiting partners are defined in the Act as two same-sex or opposite sex adults who have lived together for in an intimate relationship for five years, or two years where there is a child or children of the relationship.
When the Act becomes law it may be possible for your partner to claim part of your assets unless you both opt out of the provisions of the Act. Previously unmarried couples had no legal right to the assets or estate of their partner.
The redress scheme may be activated at the end of a relationship, whether by break-up or death. It allows a financially dependent cohabitant to apply to court for certain remedies, including maintenance, property or pension adjustment orders, or provision from the estate of a deceased cohabitant. The Act also provides for the recognition of cohabitant agreements which regulate the shared financial affairs of cohabiting couples.
You and your partner will be able to opt out of the redress scheme by drawing up a cohabitant agreement in writing. You must both take independent legal advice before signing the agreement.
Further information is available from Citizens Information Centres and from the Citizens Information Phone Service, LoCall 1890 777 121.
Know Your Rights columns cover topical subjects every month in a question-and-answer format. They are published by the Citizens Information Board online and syndicated through Citizens Information Services to local newspapers around Ireland.