FAMILY LAW Unmarried cohabiting couples’ rights and entitlements

Under the same roof without the ring


Family law
Brid Manifold

I’ve been living with my partner for a few years, but we’re not married. What rights do I have?

Until recently, there was effectively no legal protection for the hundreds of thousands of Irish couples living together outside of marriage.
The  Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 was passed into law on January 1, 2011. While the act means that these couples are now afforded limited legal rights, it mainly addressed the rights of persons in same-sex civil partnerships, who now have rights similar to those previously enjoyed only by married persons.
Only one out of the 16 sections of the Act deals with the rights of unmarried couples. Additional rights have been conferred on a special category of long-term partners, referred to as ‘qualified cohabitants’. To qualify for these rights, a couple must have lived together for at least five years (or two years if they have had children together), provided neither of them are married and less than four years separated from that spouse.
Qualified cohabitants who break up after January 1, 2011, may now apply to the courts for various financial reliefs: A maintenance order, either periodic or lump sum; a Pension Adjustment Order; and a Property Adjustment Order, which allows a court, if satisfied that sufficient contributions have been made, to transfer all or part of a property into their sole name. These orders are pretty much identical to those made in divorce and separation cases.
However, a cohabitant must first prove financial dependence on the other cohabitant, either during the relationship or as a result of its ending. The courts will not make financial orders in favour of a financially independent cohabitant. 
Also, it is worth noting that if the cohabitant from whom financial relief is sought is married to another, the interests of their spouse will be given greater priority.
Some couples have decided to ‘opt out’ of the act by entering into Cohabitation Agreement that set out in advance how they intend to deal with their financial affairs should they break-up. Both parties must have received independent legal advice or confirmed in writing their refusal to do so, for an agreement to be valid. The Act does not refer to any requirement for financial disclosure before signing such an agreement. A Cohabitation Agreement will at least protect couples from the unknown should their relationship not work out.
Qualified-cohabitant cases will soon start appearing in the family courts. The efficacy of the Act will then be tested by the realities facing the couples it was designed to protect. It will be interesting to see how well it does.

Brid Manifold is a family-law solicitor and mediator based in Galway City. Her monthly columns will cover a range of family-law and mediation issues. Email your questions in confidence to Brid at familylaw@mayonews.ie.