The legal framework
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.
As a member state of the European Union taking part in the enhanced cooperation, the property consequences of international registered partnerships are governed here by Regulation (EU) 2016/1104.
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.
Official sources and links
- Citizens Information — official plain-language guide to rights and entitlements
- Irish Statute Book — legislation as enacted