UNMARRIED COHABITANTS

Part 15 of the Civil Partnership and Certain Rights & Obligations of Cohabitants Act 2010 deals with situations where the relationship between unmarried Cohabitants ends.

A Cohabitant can now apply to Court under the 2010 Act for the following:

1) Maintenance from the other Cohabitant

2) An Order in relation to property owned by either or both of the

Cohabitants.

3) An Order in relation to a pension held by the other Cohabitant.

In addition, it was the case previously that where one Cohabitant died without leaving a Will, the surviving Cohabitant had no entitlement to a share in the other Cohabitant’s Estate.  However a Cohabitant can now apply to Court under the 2010 Act, following the death of the other Cohabitant, for provision to be made for him/her out of the deceased Cohabitant’s Estate

Cohabitants will have to have lived together for a period of 2 years where they are the parents of one or more dependent children or 5 years in any other case in order to apply to Court for any of the above reliefs. It is also necessary for a Cohabitant to prove “financial dependence” in applications relating to maintenance, property and pensions.

Any queries to rokeeffe@como.ie