Marriage
The Marriage Act 2015 and the Domestic Violence Act 2018 abolished the court exemption that had allowed marriage under 18. Same-sex marriage was approved by referendum in May 2015 — the first country to introduce it by popular vote — and came into effect that November.
Key points
| Age | 18, with no exemptions since 2019 |
|---|---|
| Polygamy | Prohibited; bigamy is a criminal offence. |
| Notice | Three months' notice to the Registrar, in person |
| Same-sex marriage | Since November 2015, following the referendum |
| Solemnisers | Civil registrars, religious and secular solemnisers on the official register |
| Witnesses | Two, aged 18 or over |
| Marriage Registration Form | Issued after notice and required on the day |
| Three months' notice | Given in person to a registrar; a court can shorten it for good reason |
| Register of Solemnisers | Published and searchable; the solemniser must appear on it |
| Minimum age 18 | The exemption allowing court-approved marriage at 16 was abolished in 2019 |
In practice
- Book the notice appointment early — three months is a minimum, not a target.
- Check that your intended solemniser is on the register maintained by the General Register Office.
- Bring passports, PPS numbers and any divorce or death documentation.
- Civil, religious and secular ceremonies all have equal legal effect if properly solemnised.
- Check the solemniser against the published register yourself before booking.
- Return the Marriage Registration Form promptly: the marriage is not registered until it arrives.
Cost and coverage
Notification and registration fees are modest; venue and solemniser fees vary.
Recent changes
Ireland's recognition of secular and humanist solemnisers means legally binding ceremonies can take place almost anywhere, unlike in England and Wales.
Where to go
- General Register Office and local civil registration offices.
- Humanist Association of Ireland and other registered solemniser bodies.
- Citizens Information for documentation guidance.
Worth knowing
If either of you was previously married abroad, bring the original divorce documentation and allow extra time: recognition of the foreign divorce is checked before notice is accepted. The three-month notice is a statutory requirement, not an administrative preference. Court exemptions are granted, but sparingly and on evidence.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 created both civil partnership, now closed to new registrations following marriage equality, and a redress scheme for cohabitants. A qualifying cohabitant — five years together, or two with a child — may apply for maintenance, property or pension adjustment if financially dependent.
Key points
| Civil partnership | No new registrations since 2015; existing ones continue |
|---|---|
| Qualifying cohabitant | Five years of cohabitation, or two years where there is a dependent child |
| Redress | Maintenance, property adjustment and pension adjustment orders, where financial dependence is shown |
| Time limit | Two years from the end of the relationship |
| Opting out | Couples may sign an agreement excluding the scheme, with independent legal advice |
| Succession | A qualifying cohabitant may apply for provision from the estate |
| Civil partnership closed | No new partnerships since marriage was opened in 2015 |
| Redress scheme | Discretionary and dependent on proving financial dependence |
| Two-year deadline | Applications must be made within two years of the relationship ending |
In practice
- Consider a cohabitants' agreement if you want certainty either way.
- Make wills: a cohabitant has no automatic inheritance right.
- Record property shares clearly in the deed or in a trust declaration.
- Note the strict two-year limit for redress applications.
- Apply within two years of separation; the court can extend only in exceptional circumstances.
- A cohabitants' agreement can opt out of the redress scheme — take separate advice before signing one.
Cost and coverage
Legal fees for an agreement are modest compared with a redress application.
Recent changes
The redress scheme was Ireland's response to long cohabitation without marriage, and remains unusual in the common law world for being statutory rather than discretionary.
Where to go
- Citizens Information cohabitation pages.
- Legal Aid Board for eligible applicants.
- FLAC free legal advice clinics.
Worth knowing
Redress depends on proving financial dependence — it is not an automatic share. Couples who each earned and owned separately may find they have no claim at all. The redress scheme is discretionary, not an entitlement. It requires proof of financial dependence, which a long relationship alone does not establish.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
Marriage by referendum in 2015 — the first country in the world to legislate it by popular vote.
Ireland approved marriage equality by referendum on 22 May 2015, with 62 per cent in favour and a turnout above sixty per cent, and the Marriage Act followed in October of that year. Civil partnerships, introduced in 2010, are no longer created; existing ones remain until converted or dissolved. Parenthood was addressed separately by the Children and Family Relationships Act.
Ireland is the only country to have introduced marriage equality by a popular vote initiated for that purpose, and the campaign is often cited as a model: a broad civil-society coalition, personal testimony rather than legal argument, and a result strong enough to end the debate. The Catholic Church's formal opposition made little difference to the outcome — a marker of how quickly Irish society had changed.
Key points
| Marriage | Since November 2015, following the referendum of 22 May 2015 |
|---|---|
| Referendum | 62 per cent in favour — a world first by popular vote |
| Civil partnership | No new ones since 2015; existing partnerships remain valid |
| Adoption | Joint adoption available to married and cohabiting couples |
| Parenthood | Second female parent recognised where a licensed clinic and a traceable donor are used |
| Surrogacy | Domestic surrogacy regulated by recent legislation; international routes remain complex |
| Discrimination | Employment Equality and Equal Status Acts |
In practice
- For the second mother to be a legal parent, conception must follow the statutory route: licensed clinic, non-anonymous donor, consents in place.
- A civil partnership does not automatically become a marriage — you must marry or convert.
- Three months' notice of intention to marry must be given to a registrar.
- An Irish marriage is recognised across the EU; check individually further afield.
Cost and coverage
The notification fee to the registrar and the ceremony fee together come to a few hundred euro at a registry office. Assisted reproduction is largely private, though a public funding scheme has been introduced.
Recent changes
Legislation on assisted human reproduction and on domestic surrogacy has been enacted, creating for the first time a statutory framework and a regulator, with pathways to parentage that had previously depended on adoption.
Where to go
- Civil Registration Service, for notice and the ceremony.
- Assisted human reproduction clinics, for donor and consent requirements.
- Irish Human Rights and Equality Commission, for discrimination.
Worth knowing
Retrospective parentage for children conceived before the current rules has been dealt with only in part: if your child was born before the scheme came into operation, take advice rather than assuming.
Frequently asked questions
Does a civil partnership become a marriage automatically?
No. Existing civil partnerships remain in force, and the couple must marry if they want the status of marriage. No new civil partnerships have been registered since the Marriage Act commenced.
How is the second mother recognised?
Through the statutory route under the Children and Family Relationships Act: conception at a licensed clinic with a traceable donor and the required consents. Outside that route, she is not a legal parent and adoption is the remaining option.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
A religious ceremony has full civil effect if the solemniser is on the state register and notice was given three months in advance.
Ireland has a single marriage system: the ceremony may be civil, religious or secular, but the person conducting it must appear on the Register of Solemnisers maintained by the General Register Office. Notice must be given to a registrar at least three months before the intended date, and a Marriage Registration Form must be signed and returned.
Key points
| Register of Solemnisers | The solemniser must be listed for the marriage to be valid |
|---|---|
| Notice | At least three months to a registrar, in person |
| Marriage Registration Form | Issued before the ceremony, signed after, returned for registration |
| Witnesses | Two, aged 18 or over |
| Venue | Religious and secular ceremonies may take place in a wide range of venues |
| Minimum age | 18, with no exemptions since 2019 |
| Secular solemnisers | Humanist and secular bodies can nominate solemnisers |
| Registration | The marriage is registered from the returned form |
In practice
- Confirm the return of the Marriage Registration Form: registration depends on it.
Where to go
- Register of Solemnisers, published online.
- Citizens Information.
Worth knowing
Check the solemniser on the published register yourself rather than taking it on trust: a ceremony by an unregistered celebrant creates no marriage at all. Ireland's single system means the ceremony type does not affect validity. Only the solemniser's registration does.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
The Claddagh ring, the magic hanky and a celebration that often runs to a second day.
Irish weddings are known for their length: the church ceremony, the drinks reception, a long meal, a band, and frequently an afters that brings a wider circle. Older customs survive in miniature — the Claddagh ring worn to signal commitment, the magic hanky that becomes a christening bonnet, and a horseshoe carried for luck.
Irish weddings are long: the reception commonly runs from afternoon into the small hours, and a second day — the afters, with a lighter gathering and often a barbecue — is common enough that guests plan for it. Two small traditions recur: the Claddagh ring, worn with the heart turned inwards once married, and the magic hanky, a linen handkerchief carried by the bride that is later sewn into a christening bonnet.
Key points
| Claddagh ring | Hands, heart and crown; worn turned inward once committed |
|---|---|
| Magic hanky | Carried by the bride, later sewn into a christening bonnet |
| Horseshoe | Carried or attached to the bouquet, points upward |
| The afters | Later, wider gathering after the meal |
| The band | Live music expected; a session often follows |
| Handfasting | Revived in humanist and outdoor ceremonies |
| Length | Frequently continues into a second day |
In practice
- Budget for the afters: the guest list widens considerably after the meal.
- Live music is more or less expected; a disco alone reads as thin.
- Solemnisers must be on the official register — check before booking anyone.
- Three months' notice to the registrar is required before any marriage.
What it costs
An Irish wedding commonly costs between €25,000 and €35,000, with venue and catering dominating. The state civil ceremony fee is modest; the expense is the reception, and Dublin prices run well above the national average.
Recent changes
Humanist and secular solemnisers can now perform legally binding marriages in Ireland, and a growing share of couples choose them over a church; venues outside hotels have also been approved more widely.
Who to ask
- Local caterers and venues.
Frequently asked questions
What is the second day of an Irish wedding?
An informal gathering the day after, usually for close family and guests who stayed over, with food and music and none of the formality. It is not a separate event you need an invitation to; if you are staying at the hotel, you are expected.
Which way round do you wear a Claddagh ring?
Heart pointing outwards on the right hand if you are unattached, inwards on the right if you are in a relationship, and on the left hand with the heart turned inwards once married. It is taken seriously enough that people notice.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
Separate property, but a spouse has a fixed legal right share of the estate that a will cannot defeat.
Irish spouses own property separately, and the courts make orders on divorce with a requirement of proper provision. On death, the Succession Act 1965 gives the surviving spouse a legal right share — one third of the estate where there are children, one half where there are none — regardless of the will. Children may apply for provision where the parent failed in their moral duty.
Key points
| Legal right share | One third with children, one half without; cannot be defeated by will |
|---|---|
| Children | May apply under section 117 where the testator failed in a moral duty |
| Family home | Protected by the Family Home Protection Act: it cannot be sold without the other spouse's written consent |
| Divorce | Proper provision, with no clean-break principle |
| Cohabitants | May apply for provision from the estate under the 2010 Act |
| Capital acquisitions tax | Thresholds by relationship; transfers between spouses are exempt |
| Family home protection | The family home cannot be sold without the other spouse's written consent |
| Section 117 | Children may apply where a parent failed in their moral duty to provide |
In practice
- Both spouses must sign for any sale or mortgage of the family home.
- A spouse can renounce the legal right share in writing, before or during the marriage.
- Make a will — intestacy gives the spouse two thirds where there are children.
- Consider CAT thresholds when planning gifts to children.
- Obtain written spousal consent before any sale or mortgage of the family home.
- Make a will; the legal right share applies in any case but a will avoids disputes.
Cost and coverage
Legal fees for wills and conveyancing; CAT at a flat rate above the relevant threshold.
Recent changes
The absence of a clean break in Irish divorce law means estate planning and divorce settlements interact in ways that require careful drafting.
Where to go
- Citizens Information on succession.
- Law Society of Ireland for solicitor referrals.
- Revenue for capital acquisitions tax thresholds.
Worth knowing
The legal right share is automatic: a will leaving everything to children still gives the surviving spouse a third. Planning has to start from that fact, not ignore it. The legal right share cannot be defeated by a will. A spouse can elect to take it instead of whatever the will provides.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
Divorce was introduced in 1996 after a referendum. A further referendum in 2019 reduced the constitutional separation requirement from four years out of five to two out of three, and removed the restriction on recognising foreign divorces. Irish law has no clean-break principle: financial orders can be revisited.
Key points
| Separation required | Two of the previous three years |
|---|---|
| Proper provision | The court must be satisfied that proper provision exists for both spouses and any children |
| Clean break | Not a principle of Irish law; orders can be varied later |
| Pensions | Pension adjustment orders are available |
| Judicial separation | An alternative where the time requirement is not met |
| Cohabitants | A separate redress scheme exists under the 2010 Act for qualifying cohabitants |
| Two years | Since the 2019 referendum, two of the previous three years living apart |
| No clean break | Irish courts can revisit provision later, unlike most common law systems |
| Pension adjustment orders | A separate application, easy to overlook |
| Foreign divorces | Recognition depends on domicile, and is often contested |
In practice
- Most divorces proceed through the Circuit Court on affidavit where matters are agreed.
- A separation agreement can regulate matters during the waiting period.
- Mediation is available free through the Family Mediation Service.
- Pension adjustment requires actuarial valuation — start early.
- Apply for a pension adjustment order at the same time as the decree — it is not automatic.
- Prepare the affidavit of means carefully: the court decides on it.
Cost and coverage
Court fees are modest; legal costs dominate. Legal aid is means-tested and waiting lists can be long.
Recent changes
The 2019 amendment substantially shortened the route to divorce, and the recognition of foreign divorces was simplified at the same time.
Where to go
- Courts Service of Ireland for forms and procedure.
- Legal Aid Board Family Mediation Service — free.
- FLAC for free legal advice clinics.
Worth knowing
Because there is no clean break in Ireland, a settlement is never entirely final: build in clarity and, where possible, capitalise obligations rather than leaving open-ended maintenance. Because Ireland does not allow a true clean break, an ex-spouse can return to court years later if circumstances change. Provision is never finally closed.
General sources
- Citizens Information — official plain-language guide to rights and entitlements
- Irish Statute Book — legislation as enacted