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Civil Partnership Bill

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The Civil Partnership Bill was published by the Government in June 2008.

The Bill provides for:

  • A scheme of civil registration of same sex partnerships with a range of rights and duties consequent on that registration.
  • Access to a Redress Scheme giving protection to a vulnerable party at the end of a long term opposite sex or same sex partnership.
  • Recognition of co-habitant agreements enabling co-habitants to regulate their affairs.

A Civil Partnership cannot be registered if:

  • One of the parties to the intended Civil Partnership is already a party to an existing registered civil partnership.
  • One or two of the parties to the intended Civil Partnership is under the age of 18 on the date of registration of the intended registered Civil Partnership.
  • The parties are of the opposite sex.
  • One or both of the parties are already married.
  • The Bill provides for notification by the parties intending to register the Civil Partnership to the Registrar not less than three months prior to the date, in which the partnership is to be registered.
  • The Bill also provides for the registration procedures of that Civil Partnership.
  • The Bill also provides for circumstances whereby a person before the registration of a civil partnership may lodge an objection in writing with the Registrar stating the reasons for that objection. If an objection is accepted, there is provision for the registrar to declare that there is an impediment to the intended Civil Partnership and notification to the parties to the intended Civil Partnership that the registration will not proceed. The Bill also provides for prohibited degrees of relationship i.e. that a person might not enter a Civil Partnership with somebody within that prohibited degree of relationship e.g. a man may not enter a civil partnership with his grandfather, grandfathers brother, father, father's brother etc.
  • The Bill provides that registered civil partners shall be treated in a manner similar to spouses. It extends the Civil Liability Act to registered Civil Partner and it also provides that where a pension is provided by an employer or by a pension scheme for the spouse of a person the equivalent benefits must be provided for a registered civil partner.
  • The Mental Health Act is amended to include the definition Civil Partner, the Immigration Residents and Protection Bill 2008 is amended to include the definition Civil Partner.
  • The Succession Act of 1965 is also amended to allow for the insertion of the word "Civil Partner".
  • There were also amendments to the Domestic Violence Act, 1996, the Family Home Protection Act, 1976 to allow for the recognition of the rights of a civil partner.
  • The Bill also allows for a Civil Partner to apply to a court to determine any question arising between himself and his partner as to the title to or possession of any property. Either Civil Partner or a child of a deceased Civil Partner may make that application.

The Bill gives jurisdiction to the Circuit Court concurrently with the High Court to have jurisdiction to hear and to determine proceedings in relation to Civil Partnerships and the court is to be known as the Circuit Civil Partnership Court.

Part 5 of the Civil Bill deals with the dissolution of a Civil Partnership. In order to obtain a decree of dissolution the court must be satisfied that at the date of the institution of the proceedings the Civil Partners have lived apart from one another for periods amounting to at least 2 years during the previous 3 years (compare with 4 years for divorce).

The effect of a Decree of Dissolution is that the Civil Partnership is dissolved and a party to that Civil Partnership may now register a new civil partnership or indeed may marry. This section of the Bill also provides for preliminary and ancillary orders which can be made by the court in or after proceedings for dissolution. The Orders which can be made are:-

  • Safety Orders
  • Barring Orders
  • Maintenance pending suit
  • Property adjustment orders.
  • Financial Compensation Orders.
  • Pension Adjustment Orders.
  • Orders for the provision of a civil partner out of the estate of the other Civil Partner.
  • Orders for Sale of property.

The jurisdiction of the Courts in making these Orders is the Circuit Court concurrently with the High Court. The court is to be known as the Circuit Civil Partnership Court. The Bill also provides that the Circuit Civil Partnership Court shall hear and determine these proceedings in camera.

Co-Habitant Agreements

Part 7 of the Civil Bill concerns the recognition of co-habitant agreements and provides co-habitants (same sex and opposite sex couples) with the safety net of a redress scheme in the event of a breakdown of the relationship.

The term "cohabitants" is described as "two adults (whether they are of the same sex or the opposite sex who live together as a couple in an intimate relationship and who are not married to each other, or related to each other within a prohibited degree of a relationship, and co-habitant means one of two such adults").

The Bill states that in determining whether two adults are living together as a couple all the circumstances of the relationships are to be taken into account including;

  • the duration of the relationship
  • the nature and extent of common residence
  • whether or not a sexual relationship exists
  • the degree of financial dependants, or inter-dependants
  • the joint purchase of an estate or interest in land
  • the decree of commitment to a shared life
  • the care and support of children
  • the performance of household duties
  • the reputation and public aspects of the relationship.

The Bill deems that the term "qualified co-habitant" means;

  • a co-habitant who has been living together as a couple for three years, or whether there is a child of the relationship
  • a co-habitant who has been living together as a couple for two years.

The Bill provides that for the validity of co-habitant agreements between co-habitants.

A Co-Habitant Agreement is only valid and enforceable if is in writing and signed by both co-habitants and before the agreement is signed each co-habitant has received legal advice independently of the other co-habitant, or if they have not been so separately advised that they have been advised together and have waived a right to independent advice.

Applications under the Bill can be made by qualified co-habitants for provision from the Estate of a deceased co-habitant. A qualified co-habitant means a co-habitant who is living as a co-habitant with the Deceased for three years prior to the Deceased's death or where there is a child of the relationship who was living with the co-habitant with the Deceased for two years immediately prior to the Deceased's death.

A qualified co-habitant may make an application to the court for various orders; maintenance, property adjustment orders, compensatory maintenance orders, pension adjustment orders.

The Bill provides that proceedings under this Act have to be instituted with 2 years of the ending of a relationship between co-habitants whether through death or otherwise.

Seeking Family Law Advice

If you would like to discuss family law, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form . A solicitor who specialises in the family law area will contact you to advise you of your legal rights and entitlements.