Law Society encourages cohabiting couples to read up on legal rights

Keith Walsh

There were 152,302 cohabiting couples in Ireland recorded in the 2016 census, an increase of six per cent since 2011.

Of these, there are 75,587 cohabiting couples in Ireland who are living with children, an increase of nearly one quarter (24 per cent) since 2011.

The Law Society of Ireland has developed free legal guides which set out the law on various issues, including the rights of cohabiting couples under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

These rights can include a right to seek maintenance from the other partner, or apply for financial provision from his or her estate.

Keith Walsh, chair of the Law Society’s family law committee, said Ireland has one of the most progressive laws for cohabitants in Europe and is way ahead of the UK.

Mr Walsh said: “Many people mistakenly think there is something called ‘common law’ husband or wife. This doesn’t exist.

“Solicitors have dealt with a lot of cohabitant cases since the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force on 1st January 2011.

“Most cohabitants did not realise that they were cohabitants or that they had rights following the breakdown of the relationship or the death of their cohabitant.”