The recent Civil Partnership Bill 2009 (published on 26 June 2009) will, if passed, enable the recognition and registration of relationships outside marriage, both heterosexual and homosexual, to be known as “civil partnerships” and will make provision for the recognition of cohabitants in certain circumstances. The publication of the Bill also brings with it the possibility that the tax treatment of civil partners and cohabitants will be reviewed.
In relation to same-sex couples, the Bill provides for the registration of the partnership together with a number of rights and obligations consequent upon registration. In relation to both unregistered same-sex and unmarried opposite sex cohabitants, the Bill proposes the establishment of a redress scheme under which the financially dependent partner may apply to court for various reliefs on the dissolution of the relationship, whether due to breakdown or death and regardless as to whether the partnership is registered.
Other rights for civil partners provided for in the Bill include the creation of a right to apply for maintenance payments and ancillary reliefs (similar to those available under divorce and judicial separation legislation) as well as various succession law rights (including the right of civil partners to claim the spousal legal right share) and relief under the existing domestic violence legislation. Provision is also made for the introduction of the concept of shared home protection for civil partners, which will be identical to the protection afforded to the non-owning spouse under existing family law legislation.
The Bill proposes to create new law governing cohabitants (either unregistered same-sex or unmarried opposite sex) allowing them to apply for various orders including maintenance, property and pension adjustment orders. This Bill provides that these rights will arise after a 3-year period of cohabitation. Where there is a child of the relationship, this period is reduced to 2 years. These rights will not apply to siblings. Provision is also made for express recognition of cohabitation agreements.
The Bill is expected to reach second stage in the Oireachtas in October. Once enacted it will fundamentally change the law in relation to non-married couples in Ireland. Whilst the Bill falls short of providing for same-sex marriage, it will have a profound effect on both same-sex and opposite-sex cohabiting couples.
Further developments in this area will be documented in subsequent issues of client bulletins.
