Cohabiting couples entitled to property rights

UNMARRIED cohabiting couples may now apply for maintenance, property, pension or inheritance rights if the relationship ends, under new civil partnership laws.

The changes under the Civil Partnership & Certain Rights and Obligations of Cohabitants Act 2010 were outlined by Treoir, the National Federation of Services for Unmarried Parents and their children.

In order to qualify they must have been living together for five years, or two years if they have a child together.

Under the act a qualified cohabitant now has the right to apply for maintenance when a relationship ends. Up until now only married people could claim maintenance for themselves.

The courts will then look at the financial needs and obligations of each cohabitant, and the contribution made by each to the relationship, financial and otherwise.

Inheritance laws are also affected and if one cohabitant dies within a relationship then the remaining cohabitant does not have to be financially dependent to make a claim on the estate.

Margaret Dromey, head of Treoir, said that for the first time in Ireland families not based on marriage now have rights and responsibilities to each other. She said the rights are limited but the act is a welcome step.

The 2006 census showed 121,763 cohabiting couples, that is 14% of all couples and 12% of all family units, including lone parent families.

Other changes include pension and property rights. The new legislation does not affect the legal rights of a surviving spouse or civil partner of either cohabitant.

Where cohabitants have a written agreement on their financial affairs this will now be legally recognised at the end of their relationship, through death or separation.