Cohabitating couples do not have the same legal rights as married couples or civil partnerships and it is important to understand the impact of this for example, property rights. Hoban Boino solicitors can advise you fully in relation to your rights and entitlements.
Cohabiting couples are by definition not married to each other, not in a registered civil partnership but living together in an intimate and committed relationship. When the relationship breaks down there are several important areas to consider, some of which are set out as follow:
- Property rights
- Guardianship/custody/access of any children
- Inheritance rights
It is important to note that under the current rules a dependent Cohabitant has 2 years only from the end of the relationship or death of the other party to bring proceedings redress under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010. Therefore it is important to take legal advice as soon as possible.
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 allows cohabiting couples can enter into a cohabitant’s agreement in relation to financial matters during the relationship or when the relationship ends. Unlike pre-nuptual agreements, which currently have no legal status in Ireland, a cohabitants’ agreement is a legally binding contract but only if both parties have received independent legal advice prior to signing the agreement or have received legal advice together and have waived their right to independent legal advice in writing. The agreement must also be in writing and signed by both parties. Hoban Boino solicitors can provide comprehensive legal advice in this regard.
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 allows for the registration of civil partnerships of same sex couples and gave certain rights and entitlements. Those legal rights and entitlements of civil partners are similar but not equal to those of civil marriage. Hoban Boino solicitors can provide advice in relation to the legal rights and entitlements of civil partners in the event of a relationship breakdown.