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Expert Legal Advice on Civil Partnerships and Cohabitation | Tralee, Co. Kerry
Understanding your legal rights is important whether you are entering into a civil partnership, living with your partner or planning for the future. At Whelehan Solicitors, we provide experienced legal advice on civil partnerships and cohabitation for clients throughout Tralee and County Kerry. We help individuals and couples understand their legal rights and responsibilities, prepare agreements where appropriate and provide practical advice if a relationship comes to an end.
Civil Partnerships in Ireland
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, which became law in January 2011, equates civil partnerships with marriage in most respects. This legal framework was created to provide same-sex couples, who cannot marry, the opportunity to register their partnerships and enjoy similar legal rights and responsibilities as married couples.
Civil partnerships bring various legal recognitions and protections, including those related to maintenance, shared housing, succession, taxation, domestic violence, social welfare, and pensions. Ireland also recognizes many same-sex marriages and civil partnerships registered abroad as civil partnerships within the country.
Should the need arise, the courts have the power to dissolve civil partnerships, similar to divorce proceedings for married couples. The court will consider several factors, including whether the partners have lived apart for at least two years within the last three years and whether proper provision has been made for both parties. When granting a Decree of Dissolution, the court can also grant ancillary financial relief orders.
Cohabitation: Living Together as a Couple
Cohabiting couples in Ireland gained new rights and obligations under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. This was a significant change, as before this Act, cohabiting couples had few legal rights or obligations toward each other.
A cohabitant is defined as two people, of the same or opposite sex, who are not married to each other, not in a registered civil partnership, not related within prohibited degrees of relationship, and living together in an intimate and committed relationship. While cohabitants do not have the same rights as married couples or civil partners, the Act does provide a framework for those who qualify as “qualifying cohabitants.”
Qualifying Cohabitants and the Redress Scheme
If cohabiting couples separate, they may seek redress through the Redress Scheme introduced under the Act. To qualify, cohabitants must have lived together for at least two years and have a child together, or have lived together for five years immediately before the relationship ended, whether through separation or death.
Qualifying cohabitants can apply to the Court for various orders, including compensatory maintenance, property transfer orders, and pension adjustment orders. In the event of a partner’s death, a qualifying cohabitant can also make a claim against the deceased’s estate. Additionally, couples are encouraged to create a Cohabitation Agreement, which outlines the terms of separation and living arrangements. The Redress Scheme can be opted out of in this agreement.
Seek Legal Advice
in Tralee, Co. Kerry
Whether you are entering into a civil partnership or cohabiting, understanding your legal rights and responsibilities is essential. Whelehan Solicitor in Tralee, Co. Kerry, is here to provide you with the necessary legal advice and support. Contact us today to discuss your situation and learn how we can assist you with your civil partnership or cohabitation legal needs.
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For expert legal advice and representation in any of the above areas, contact Whelehan Solicitor in Tralee. Let us help you safeguard your business interests and achieve success in your commercial endeavors.
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