Monday, April 29, 2013
Civil Partnership Ireland
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into effect in Ireland on 1 January 2011 making provision for same sex couples to register their union as a partnership and avail of rights now conferred by the Act on registered partnerships.
Ireland does not yet fully recognise same sex marriage. A registered civil partnership however is a legally binding civil contract for same sex couples. Entering into a civil partnership gives rise to many far-reaching legal consequences which are generally similar to the legal consequences of getting married. It changes your legal position, even after death.
The Act provides for a statutory civil partnership registration scheme for same-sex couples and provides that civil partners have broadly the same rights as married couples in areas such as maintenance, the family home, succession, pensions and a range of other civil laws.
The act also provides for rights and redress for dependent long-term cohabitants. These are either unmarried opposite sex couples or same sex couples who have not yet registered their partnership. Please view our dedicated section on unregistered cohabitants for more detail.
In general civil partnership strengthens your rights and entitlements in the following areas:
Maintenance can be claimed by dependent civil partners on the dissolution of a partnership
Civil partners can avail of tax benefits similar to those of married couples
Life insurance and pensions
Civil partners can avail of the similar tax benfits and Succession Act rights on Inheritance as spouses in a marriage
Civil partner are treated similar to married couples for Social Welfare entitlements
The primary residence of registered civil partners can be treated as a Shared Home to protect the rights of the non-owning partner
Barring, Safety and Protection Orders can be sought for affected parties in a civil partnership
Other areas where rights now exist to civil partners are in the areas of:
Civil liability
Applications under the Mental Health Acts.
Enduring Powers of attorney
Property disputes
Tenancies.
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