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Cohabitation

Cohabitation occurs when people live together, with or without children, without getting married.

These relationships were regulated in 2010 by a new piece of legislation which now deals with the obligations arising towards financially dependent partners following the breakdown of the non-marital relationship.

Cohabitants can now enter into a Cohabitation Agreement which regulates the terms of their relationship and its subsequent breakdown.

Any agreement entered into must be done with both parties having received the benefit of independent legal advice. A written agreement must be in place which complies with the general law of contract.

It is however always open to a Court to depart from an agreement where it would cause serious injustice.

Where a cohabiting relationship comes to an end, whether by death or otherwise, a party to that relationship is entitled to bring proceedings under the 2010 Act for financial provision for them and any dependent children of the relationship.

This can occur whether there has been a Cohabitation Agreement or not. In cases such as these parties generally require assistance in coming to an agreement in relation to:

Access and custody for dependent children
Joint property and assets
Maintenance
Pension division

Through these proceedings a Court can make orders in relation to property, pensions and maintenance for a financially dependent cohabitant to ensure they are provided for following the breakdown of a relationship.

It is extremely important that where a relationship ends, parties ensure that independent legal advice is obtained to ensure that your needs are safeguarded into the future.

Due to the novelty of this area of Irish law, there has been little litigation in the area meaning there is less certainty as to how Judges may interpret and apply it.

If you would like to discuss your current situation, please complete the form below and we will be in touch.

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