A very widespread belief in Ireland is that couples who live together for long enough become common-law husband and wife, with the same legal rights as married couples. This is a myth. There is no such thing as common-law marriage in Irish law. If you are living with a partner and not married, your legal rights are significantly different from those of married couples -- and knowing this could be very important if your relationship ends.
What the Law Actually Says
The rights of cohabiting couples in Ireland are set out in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. This Act introduced some protections for cohabiting couples, but they are considerably more limited than the rights enjoyed by married couples.
Who Counts as a Qualified Cohabitant?
Not every cohabiting couple is entitled to protection under the 2010 Act. To qualify as a cohabitant with legal rights, you must have been living together in an intimate and committed relationship for at least five years, or at least two years if you have a dependent child together. If one of you is still legally married to someone else, additional conditions apply.
What Rights Do Qualifying Cohabitants Have?
If your relationship ends and you are a qualified cohabitant, you may be able to apply to the court under what is called the redress scheme. The types of orders available are similar to those in a divorce -- property adjustment orders, maintenance orders, and pension adjustment orders. However, there are important differences. You must be financially dependent on the other person to access many of these protections. The court must be satisfied that you were genuinely financially dependent before it will make orders in your favour. You must also apply to the court within two years of the relationship ending.
Property Rights for Cohabiting Couples
If the family home is in your partner's sole name, you have no automatic right to remain there or to a share of it if the relationship ends. You may be able to establish a claim if you contributed financially to the purchase price or mortgage, or if you can meet the financial dependency test under the redress scheme. If you bought a property together, your rights depend on whether you are joint tenants (equal shares with right of survivorship) or tenants in common (defined shares that each person can leave in their will).
Inheritance Rights for Cohabiting Couples
Cohabiting partners have no automatic right to inherit from each other if one partner dies without a will. This is a major and often overlooked difference from married couples. If your partner dies without a will and you are not married, you could receive nothing from the estate. Making a will is strongly advisable for all cohabiting couples. Even with a will, you may be liable for Capital Acquisitions Tax on what you inherit, as cohabiting partners do not have the same tax exemptions as spouses.
Children and Cohabitation
The rights of children are the same regardless of whether their parents are married. An unmarried mother automatically has guardianship of her child. An unmarried father does not have automatic guardianship, but acquires it automatically if he has been living with the mother for at least twelve consecutive months including at least three months after the birth of the child. Alternatively, he can sign a Statutory Declaration of guardianship by agreement with the mother, or apply to the court.
Protecting Yourself as a Cohabiting Couple
The best protection for cohabiting couples is a cohabitation agreement -- a legal contract that sets out each person's rights and responsibilities in relation to property, finances, and children if the relationship ends. Both parties must get independent legal advice for the agreement to be valid. While this may not feel like a romantic conversation to have, it can prevent enormous heartache and legal expense if the relationship does end.
How Saor Law Can Help
If your cohabiting relationship has ended or is breaking down, Saor Law provides free legal advice and guidance. We can help you understand your rights under the 2010 Act, what steps you might be able to take, and how to protect yourself. Book a free call with our team today.