8 What does the law provide for the property of registered and non-registered partners?
The The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (2010 Act) provides for the creation of a Civil Partnership Registration Scheme (for same sex couples) (Parts 1-14 and Part 16) and for a Cohabitants’ Redress Scheme (for same sex and opposite sex couples) (Part 15) which does not require registration. As per married couples, those who are party to a registered civil partnership and those regarded as cohabitants for the purposes of the 2010 Act are afforded significant rights and protections in relation to financial support and property. In respect of a civil partnership, the breakdown of the relationship or death of one of the parties gives to the other party a right to apply for maintenance (Part 5), property (section 118) and/or a pension adjustment order (section 121), and/or provision from the estate of the deceased partner (Part 8). In addition Part 4 of the 2010 Act provides for civil partners, a shared home protection akin to the protection of the rights of the non-owning spouse in respect of the family home (sections 27-42) – see 2.4. above. The rights of cohabitants are equally extensive, arising from the fact of the cohabiting relationship and without any requirement, or system for, registration. In respect of a qualifying cohabiting relationship (defined by section 172 2010 Act), the breakdown of the relationship or death of one of the parties gives to the other party a right to apply for a maintenance order (section 175), a property adjustment order (section 174), a pension adjustment order (section 187), and/or provision from the estate of the deceased partner (section 194).
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Couples in Ireland
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