Cohabitation in Ireland

Under Irish Law, couples who have lived together for a period of 5 years (or 2 years with a child), in an intimate and committed relationship, are considered ‘cohabitants’. If one party is financially dependent on the other, then they are entitled to claim a limited number of reliefs under legislation in Ireland, should the relationship breakdown.

There are three main grounds which need to be satisfied for one to be considered a ‘qualified cohabitant’ under the legislation, those being;

• The parties have lived together for a continuous period of 5 years, or 2 years with a child/children.

• The parties have been in an intimate and committed relationship.

• One of the cohabitants is financially dependent on the other cohabitant.

If the grounds above are satisfied, then that individual is entitled to apply for redress under the legislation. The claims which are available to a qualified cohabitant are:

• Property adjustment orders.

• Compensatory maintenance orders.

• Pension adjustment orders.

• Other orders for provision from the estate of a deceased cohabitant under Section 194 of the 2010 Act.

In addition to this, an unmarried couple can enter into what is known as a ‘Cohabitation Agreement’ which essentially sets out what is to happen in respect of the financials, should the relationship break down. Such agreements are legally binding.

It is also important to note, however, that there is no provision for children under this cohabitation legislation and as such, if the cohabitants have a child together, they must make a separate application under the Guardianship of Infants Act 1964, as amended, to claim any relief for guardianship, access, custody, maintenance and/or lump sum orders.

This advice is written by Michelle Craven, Family & Child Law Solicitor.

If you would like to contact Michelle, please click here.