Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Book Review on Cohabitation: Law, Practice and Precedents (8th Edition)
It is 27 years since Denzil Lush first produced this book, some subsequent editions of which one has had the pleasure of reviewing for Family Law, and which, for some reason, does not figure as much...
Re AC (A Child) [2020] EWFC 90
(Family Court, Peel J, 11 December 2020)Private Law Children – s 8, Children Act 1989 – Inheritance - Jurisdiction Whether court had jurisdiction to authorise the mother to accept the...
Second reading in the House of Lords of the Domestic Abuse Bill
The Domestic Abuse Bill received its second reading in the House of Lords on 5 January 2021. The committee stage, where the bill will be scrutinised line-by-line, does not yet have a confirmed date....
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
How the care system should change - a child’s perspective
The Children’s Commissioner has published a new investigation into how children affected by the care system would like the current system to change ahead of the government’s planned...
View all articles

Cohabitation law reform in Ireland [2011] CFLQ 323

Sep 29, 2018, 17:59 PM
Slug : cohabitation-law-reform-in-ireland-2011-cflq-323
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 27, 2011, 07:56 AM
Article ID : 96205

This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in Ireland and the complexity created by the decision to proceed with reform without attempting to update the provisions of the Irish Constitution related to the family. The Irish scheme provides for a range of possible remedies for 'qualifying cohabitants', who must have lived together for at least 5 years, or for at least 2 years if they have a dependent child. The scheme also regulates the making of 'cohabitants' agreements'. A key limitation on the scheme is that the claimant must establish 'financial dependency' as a prerequisite of a remedy. This significantly limits the scope of the scheme and is likely to generate anomalous results, whereby a remedy will be denied to claimants who have suffered serious loss as a result of a relationship but who have not become 'financially dependent'. The article concludes that, in light of the scheme's limited nature and the various problems with its provisions, it is questionable whether its enactment represents a positive development.

Categories :
  • Articles
  • CFLQ
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from