the civil partnership act 2010 dr kieran doran, solicitor associate lecturer law school incorporated...

THE CIVIL PARTNERSHIP ACT 2010THE CIVIL PARTNERSHIP ACT 2010

Dr Kieran Doran, SolicitorDr Kieran Doran, Solicitor

Associate LecturerAssociate Lecturer

Law SchoolLaw School

Incorporated Law Society of Ireland Incorporated Law Society of Ireland


Purpose of the Act:Purpose of the Act:

The Civil Partnership Act 2010 seeks to establish a The Civil Partnership Act 2010 seeks to establish a

range of rights, obligations and protections for same-range of rights, obligations and protections for same-

sex couples through the establishment of Civil sex couples through the establishment of Civil

Partnerships; and Partnerships; and

The Civil Partnership Act 2010 seeks to establish rightsThe Civil Partnership Act 2010 seeks to establish rights

for both same-sex and opposite sex co-habiting for both same-sex and opposite sex co-habiting

couples who are not in a Civil Partnership or Married.couples who are not in a Civil Partnership or Married.


Origins of the Act:Origins of the Act:

The Civil Partnership Act 2010 is a result of a number The Civil Partnership Act 2010 is a result of a number

of Reports:of Reports:

• 1010thth All-Party Report on “The Family” January 2006; All-Party Report on “The Family” January 2006;• Working Group on Domestic Partnerships “Options Working Group on Domestic Partnerships “Options

Paper” November 2006; andPaper” November 2006; and• The Law reform Commission Report on “The Rights The Law reform Commission Report on “The Rights

and Duties of Co-Habitants” December 2006.and Duties of Co-Habitants” December 2006.


Parts of the Act:Parts of the Act:

Part 1: Preliminary and General;Part 1: Preliminary and General;

Part 2: Status of Civil Partnership;Part 2: Status of Civil Partnership;

Part 3: Registration of Civil Partnership;Part 3: Registration of Civil Partnership;

Part 4: Shared Home Protection;Part 4: Shared Home Protection;

Part 5: Maintenance of Civil Partner;Part 5: Maintenance of Civil Partner;

Part 6: Attachment of Earnings;Part 6: Attachment of Earnings;

Part 7: Miscellaneous Provisions Relating to Part 7: Miscellaneous Provisions Relating to

Parts 5 and 6; Parts 5 and 6;


Part 8: Succession Rights;Part 8: Succession Rights;

Part 9: Domestic Violence;Part 9: Domestic Violence;

Part 10: Miscellaneous Provisions of Civil Partnership Part 10: Miscellaneous Provisions of Civil Partnership

Registration;Registration;

Part 11: Nullity of Civil Partnership;Part 11: Nullity of Civil Partnership;

Part 12: Dissolution of Civil Partnership;Part 12: Dissolution of Civil Partnership;

Part 13: Jurisdiction and Other Related Matters;Part 13: Jurisdiction and Other Related Matters;

Part 14: Other Consequential Amendments;Part 14: Other Consequential Amendments;

Part 15: Co-Habitants; andPart 15: Co-Habitants; and

Part 16: Miscellaneous Provisions.Part 16: Miscellaneous Provisions.


Part 1: Preliminary and General;Part 1: Preliminary and General;

Definition of Civil Partnership:Definition of Civil Partnership:

A Civil Partner is either of two (2) persons of the same A Civil Partner is either of two (2) persons of the same

sex who are:sex who are:

(a)(a)Parties to a Civil Partnership Registration that has not Parties to a Civil Partnership Registration that has not been dissolved or the subject of a Decree of Nullity; orbeen dissolved or the subject of a Decree of Nullity; or

(b)(b)Parties to a legal relationship that is subject of an Parties to a legal relationship that is subject of an Order under S. 5 that has not been dissolved or the Order under S. 5 that has not been dissolved or the subject of a Decree of Nullity.subject of a Decree of Nullity.


Part 2: Status of Civil Partnership:Part 2: Status of Civil Partnership:

S. 4 of the Act confers on the Court the power to makeS. 4 of the Act confers on the Court the power to make

Declarations as to the validity or otherwise of a Civil Declarations as to the validity or otherwise of a Civil

Partnership. Application maybe made by either party toPartnership. Application maybe made by either party to

the Civil Partnership or a Party considered to have a the Civil Partnership or a Party considered to have a

““sufficient interest in the matter”. sufficient interest in the matter”.


Part 2: Status of Civil Partnership:Part 2: Status of Civil Partnership:

S. 5 of the Act confers on the Minister for Justice, S. 5 of the Act confers on the Minister for Justice,

Equality and Law Reform the right to recognise Civil Equality and Law Reform the right to recognise Civil

Partnerships from outside of the State setting out Partnerships from outside of the State setting out

criteria for the recognition of such Civil Partnerships, criteria for the recognition of such Civil Partnerships,

i.e. exclusivity of the relationship, permanency of the i.e. exclusivity of the relationship, permanency of the

relationship, legal registration of the Civil Partnershiprelationship, legal registration of the Civil Partnership

in the relevant jurisdiction, and the rights and in the relevant jurisdiction, and the rights and

obligations are compatible with a Civil Partnership. obligations are compatible with a Civil Partnership.


Part 3: Registration of Civil Partnership:Part 3: Registration of Civil Partnership:

Amendments to Civil Registration Act 2004Amendments to Civil Registration Act 2004

S. 7 of the Act inserts definition of “Civil Status” whichS. 7 of the Act inserts definition of “Civil Status” which

replaces “Marital Status”;replaces “Marital Status”;

S. 8 of the Act extends the functions of the Civil S. 8 of the Act extends the functions of the Civil

Registration Service to include registration of Civil Registration Service to include registration of Civil

Partnerships, Decrees of Dissolution of Civil Partnerships, Decrees of Dissolution of Civil

Partnerships and Decrees of Nullity of Civil Partnerships and Decrees of Nullity of Civil

Partnerships;Partnerships;




S. 9 of the Act extends the range of Registers to be S. 9 of the Act extends the range of Registers to be

maintained to include Register of Civil Partnership, maintained to include Register of Civil Partnership,

Register of Decrees of Dissolution and Register of Register of Decrees of Dissolution and Register of

Nullity of Civil Partnership;Nullity of Civil Partnership;

S. 10 of the Act brings Civil Partnerships under the S. 10 of the Act brings Civil Partnerships under the

jurisdiction of a Registrar;jurisdiction of a Registrar;




S. 11 & 12 of the Act changes reference to “Nullity” to S. 11 & 12 of the Act changes reference to “Nullity” to

““Nullity of Marriage” to clarify the issue of the Nullity of Marriage” to clarify the issue of the

registration of the biological parents of the registration of the biological parents of the

child/children; child/children;

S. 13 of the Act notification of the death of Civil PartnerS. 13 of the Act notification of the death of Civil Partner

by the other Civil Partner to the Registrar; by the other Civil Partner to the Registrar;




S. 16 of the Act inserts a new Part 7 A into the 2004 Act S. 16 of the Act inserts a new Part 7 A into the 2004 Act

setting out the formalities for the Registration of asetting out the formalities for the Registration of a

Civil Partnership including Notification Requirements,Civil Partnership including Notification Requirements,

Registration Process and the process for the lodging Registration Process and the process for the lodging

of an Objection to the Registration of a Civil of an Objection to the Registration of a Civil

Partnership; Partnership;




S. 17 of the Act inserts a new Part 7 B into the 2004 Act S. 17 of the Act inserts a new Part 7 B into the 2004 Act

To provide for the registration by an Officer of the To provide for the registration by an Officer of the

Courts Service of Decrees of Dissolution of CivilCourts Service of Decrees of Dissolution of Civil

Partnership or Decrees of Nullity of Civil Partnership or Decrees of Nullity of Civil

Partnership; Partnership;




S. 18 of the Act amends S. 60 of the 2004 Act and S. 18 of the Act amends S. 60 of the 2004 Act and

places a responsibility on the Registrar to notify the places a responsibility on the Registrar to notify the

parties to a Civil Partnership that he/she does not parties to a Civil Partnership that he/she does not

propose to register and the reasons for it; propose to register and the reasons for it;


permits non-registration of the Civil Partnership if thepermits non-registration of the Civil Partnership if the

requisite formalities are not observed;requisite formalities are not observed;





Permits an Enquiry into the Registration of a Civil Permits an Enquiry into the Registration of a Civil

Partnership in order to ensure compliance with the Partnership in order to ensure compliance with the

formalities and allow any corrective measures if formalities and allow any corrective measures if

required;required;




S. 22 of the Act amends S. 69 of the 2004 Act S. 22 of the Act amends S. 69 of the 2004 Act

setting out Offences in regard to Registration of a setting out Offences in regard to Registration of a

Civil Partnership e.g. Registrar fails or refuses to Civil Partnership e.g. Registrar fails or refuses to

register a Civil Partnership without reasonable cause register a Civil Partnership without reasonable cause

or any Party that objects to the Registration of a Civil or any Party that objects to the Registration of a Civil

Partnership on ground without foundation;Partnership on ground without foundation;




S. 26 of the Act inserts a new Third Schedule to the S. 26 of the Act inserts a new Third Schedule to the

2004 Act setting out Prohibited Degrees of 2004 Act setting out Prohibited Degrees of

Relationship. Relationship.


Part 4: Shared Home Protection:Part 4: Shared Home Protection:

S. 28 of the Act establishes certain Guidelines S. 28 of the Act establishes certain Guidelines

regarding the conveyance of a shared home between regarding the conveyance of a shared home between

Civil Partners, for example the need to obtain the Civil Partners, for example the need to obtain the

written consent of the other Civil Partner in advance of written consent of the other Civil Partner in advance of

the conveyance or a conveyance may not be declared the conveyance or a conveyance may not be declared

void by legal proceedings more than six (6) years after void by legal proceedings more than six (6) years after

the date of the conveyance; the date of the conveyance;



S. 29 of the Act enables the Court to dispense with theS. 29 of the Act enables the Court to dispense with the

consent of the Civil partner if unreasonably withheld, consent of the Civil partner if unreasonably withheld,

or if the Civil Partner is held not to have the mental or if the Civil Partner is held not to have the mental

capacity to do so;capacity to do so;

S. 30 of the Act permits an application to be made to S. 30 of the Act permits an application to be made to

the Court to prohibit any reduction of his/her interest inthe Court to prohibit any reduction of his/her interest in

the house or the rendering if it as being unsuitable for the house or the rendering if it as being unsuitable for

Habitation; Habitation;



S. 32 of the Act permits a Civil Partner to contest or S. 32 of the Act permits a Civil Partner to contest or

adjourn proceedings for non-payment of the Mortgage adjourn proceedings for non-payment of the Mortgage

by the other Civil Partner if he/she is willing to pay;by the other Civil Partner if he/she is willing to pay;

S. 34 of the Act permits the Court to prohibit a Civil S. 34 of the Act permits the Court to prohibit a Civil

Partner from disposing of any household goods orPartner from disposing of any household goods or

chattels if it is of the view that it would make the chattels if it is of the view that it would make the

shared home uninhabitable or pay for them prior to shared home uninhabitable or pay for them prior to

removal from the shared home;removal from the shared home;



S. 39 of the Act amends the Residential Tenancies Act S. 39 of the Act amends the Residential Tenancies Act

2004 to extend to Civil Partners the provisions relating 2004 to extend to Civil Partners the provisions relating

to Spouses particularly permitting a person to taketo Spouses particularly permitting a person to take

over the tenancy on the death of the Civil Partner;over the tenancy on the death of the Civil Partner;

S. 41 of the Act amends the Civil Legal Aid Act 1995 in S. 41 of the Act amends the Civil Legal Aid Act 1995 in

that Legal Aid may be granted in relation to Legal that Legal Aid may be granted in relation to Legal

Disputes between Civil Partners in regard to property Disputes between Civil Partners in regard to property

under this Part or generally. under this Part or generally.


Part 5: Maintenance of Civil Partner:Part 5: Maintenance of Civil Partner:

S. 44 of the Act permits a Civil Partner to apply to the S. 44 of the Act permits a Civil Partner to apply to the

Court to order the other Civil Partner to make Court to order the other Civil Partner to make

maintenance payments, unless the applicant has maintenance payments, unless the applicant has

deserted the other Civil Partner. The Court will use thedeserted the other Civil Partner. The Court will use the

following criteria in its deliberations e.g. the level of following criteria in its deliberations e.g. the level of

income, personal assets, existence of any dependant income, personal assets, existence of any dependant

children or former spouse;children or former spouse;


Part 5: Maintenance of Civil Partner:Part 5: Maintenance of Civil Partner:

S. 45 of the Act permits the Court to discharge a S. 45 of the Act permits the Court to discharge a

Maintenance Order or vary it;Maintenance Order or vary it;

S. 48 of the Act permits a Civil Partner to apply to Court S. 48 of the Act permits a Civil Partner to apply to Court

to direct the Trustees of a Pension Scheme to to direct the Trustees of a Pension Scheme to

disregard the fact that they are living apart for the disregard the fact that they are living apart for the

purposes of the operation of the Pension Scheme;purposes of the operation of the Pension Scheme;

S. 49 of the Act permits the Court to take steps to S. 49 of the Act permits the Court to take steps to

enforce the Maintenance Order.enforce the Maintenance Order.


Part 6: Attachment of Earnings:Part 6: Attachment of Earnings:

S. 50 of the Act permits the Court to make an S. 50 of the Act permits the Court to make an

Attachment of Earnings Order to enforce a Attachment of Earnings Order to enforce a

Maintenance Order to be paid to the District Court Maintenance Order to be paid to the District Court

Clerk, but making provision for representations to be Clerk, but making provision for representations to be

made by the Debtor;made by the Debtor;

S. 51 of the Act permits the serving of the Maintenance S. 51 of the Act permits the serving of the Maintenance

Order on the Employer; Order on the Employer;



S. 53 of the Act requires that the Maintenance Debtor S. 53 of the Act requires that the Maintenance Debtor

supply to the Court certain details of his/her Employer supply to the Court certain details of his/her Employer

including expected earnings, resources and needs;including expected earnings, resources and needs;

S. 54 of the Act requires a notification to the Court by S. 54 of the Act requires a notification to the Court by

the Maintenance Debtor within ten (10) days of any the Maintenance Debtor within ten (10) days of any

change in the Employer’s position or his/her change in the Employer’s position or his/her

Employment Status; Employment Status;



S. 55 of the Act allows the Court to adjudicate whether S. 55 of the Act allows the Court to adjudicate whether

or not certain types of payments are earnings for the or not certain types of payments are earnings for the

purposes of a Maintenance Order; purposes of a Maintenance Order;

S. 57 of the Act allows for the variation of an S. 57 of the Act allows for the variation of an

Attachment of Earnings Order and the compliance of Attachment of Earnings Order and the compliance of

the Employer but only after the elapse of ten (10) days;the Employer but only after the elapse of ten (10) days;

S. 60 of the Act permits the recovery of unpaid sums S. 60 of the Act permits the recovery of unpaid sums

and sets out Offences in regard to non-payment. and sets out Offences in regard to non-payment.


Part 7: Miscellaneous Provisions Parts 5 and 6:Part 7: Miscellaneous Provisions Parts 5 and 6:

S. 62 of the Act extends the provisions of S. 8 of the S. 62 of the Act extends the provisions of S. 8 of the

Enforcement of Court Orders Act 1940 which providesEnforcement of Court Orders Act 1940 which provides

remedies for non-payment of Maintenance Payments; remedies for non-payment of Maintenance Payments;

S. 63 of the Acts states that any interest in Property S. 63 of the Acts states that any interest in Property

acquired through payment of a household allowance acquired through payment of a household allowance

by one Civil Partner to the other will be held equallyby one Civil Partner to the other will be held equally

unless otherwise agreed.unless otherwise agreed.


Part 8: Succession:Part 8: Succession:

Amendment of the Succession Act 1965Amendment of the Succession Act 1965

S. 67 of the Act amends S. 56 of the 1965 Act stating S. 67 of the Act amends S. 56 of the 1965 Act stating

that when a Civil Partner dies his/her surviving Civil that when a Civil Partner dies his/her surviving Civil

Partner may, if residing there at the time of death, claim Partner may, if residing there at the time of death, claim

a legal right share; a legal right share;

S. 70 of the Act inserts a new S. 67 A and B in the 1965 S. 70 of the Act inserts a new S. 67 A and B in the 1965

Act governing the distribution on Intestacy of a Act governing the distribution on Intestacy of a

deceased Civil Partner’s Estate;deceased Civil Partner’s Estate;




S. 76 of the Act amends S. 85 (1) of the 1965 Act toS. 76 of the Act amends S. 85 (1) of the 1965 Act to

ensure that where a Will is made prior to Registration ensure that where a Will is made prior to Registration

of a Civil Partnership it is revoked unless it is of a Civil Partnership it is revoked unless it is

expressly made in contemplation of that Registration;expressly made in contemplation of that Registration;

S. 78 of the Act inserts a new S. 111 A of the 1965 Act S. 78 of the Act inserts a new S. 111 A of the 1965 Act

stating that the legal right share of a surviving Civil stating that the legal right share of a surviving Civil

Partner is half with no issue, a third with issue;Partner is half with no issue, a third with issue;




S. 80 of the Act inserts a new S. 113 A of the 1965 Act S. 80 of the Act inserts a new S. 113 A of the 1965 Act

permitting a Civil Partner to renounce his/her legal permitting a Civil Partner to renounce his/her legal

right share in a written agreement made between the right share in a written agreement made between the

Parties prior to Registration or afterwards during the Parties prior to Registration or afterwards during the

lifetime of the Testator;lifetime of the Testator;




S. 83 of the Act inserts a new Subsection 3 A into S. 83 of the Act inserts a new Subsection 3 A into

S. 117 of the 1965 Act to protect the legal right share ofS. 117 of the 1965 Act to protect the legal right share of

the surviving Civil Partner in the event of a Claim by a the surviving Civil Partner in the event of a Claim by a

Child of the deceased Civil Partner for failure to make Child of the deceased Civil Partner for failure to make

proper provision for the Child;proper provision for the Child;




S. 84 of the Act amends S. 120 of the 1965 Act in S. 84 of the Act amends S. 120 of the 1965 Act in

excluding certain persons from Succession Rights whoexcluding certain persons from Succession Rights who

have deserted the other Civil Partner prior to death or have deserted the other Civil Partner prior to death or

whose behaviour caused the other Civil Partner to whose behaviour caused the other Civil Partner to

leave him/her ;leave him/her ;




S. 86 of the Act amends S. 45 of the Statute of S. 86 of the Act amends S. 45 of the Statute of

Limitations Act whereby claims to an Estate must be Limitations Act whereby claims to an Estate must be

made within six (6) years. made within six (6) years.


Part 9: Domestic Violence:Part 9: Domestic Violence:

Amendment of the Domestic Violence Act 1996Amendment of the Domestic Violence Act 1996

Ss 89 and 90 of the Act amend Ss 2 and 3 of the 1996 Ss 89 and 90 of the Act amend Ss 2 and 3 of the 1996

Act to permit a Civil Partner to bring an application Act to permit a Civil Partner to bring an application

for Safety Order and Barring Order respectively;for Safety Order and Barring Order respectively;

S. 91 of the Act inserts a new S. 8 A of the 1996 Act toS. 91 of the Act inserts a new S. 8 A of the 1996 Act to

restrict the right of either Civil Partner to remove restrict the right of either Civil Partner to remove

household chattels without consent of the otherhousehold chattels without consent of the other

Civil Partner when a Safety or Barring Order is in place. Civil Partner when a Safety or Barring Order is in place.


Part 9: Domestic Violence:Part 9: Domestic Violence:

Amendment of the Domestic Violence Act 1996Amendment of the Domestic Violence Act 1996

S. 93 of the Act amends S. 13 (2) of the 1996 Act to S. 93 of the Act amends S. 13 (2) of the 1996 Act to

allow the Court to discharge any Safety Order, Barringallow the Court to discharge any Safety Order, Barring

Order, Interim Barring Order, or Protection Order when Order, Interim Barring Order, or Protection Order when

it determines Dissolution or Annulment Proceedings it determines Dissolution or Annulment Proceedings

between Civil Partners;between Civil Partners;


Part 10: Miscellaneous Provisions of the 2010 Act:Part 10: Miscellaneous Provisions of the 2010 Act:

S. 95 of the Act amends the Mental Health Act 2001 S. 95 of the Act amends the Mental Health Act 2001

to extend to Civil Partners the right to subject the other to extend to Civil Partners the right to subject the other

Civil Partner for Involuntary Admission on Mental Civil Partner for Involuntary Admission on Mental

Health Grounds;Health Grounds;

S. 99 of the Act amends the Criminal Damage Act 1991 S. 99 of the Act amends the Criminal Damage Act 1991

in order to make the criminal damage of any home orin order to make the criminal damage of any home or

related property an Offence;related property an Offence;



S. 100 of the Act amends the Employment EqualityS. 100 of the Act amends the Employment Equality

Acts 1998-2004 to include Civil Partnership as a Acts 1998-2004 to include Civil Partnership as a

ground upon which an Employee or prospective ground upon which an Employee or prospective

Employee may not be discriminated against i.e. the Employee may not be discriminated against i.e. the

ground of “Civil Status” as opposed to “Marital ground of “Civil Status” as opposed to “Marital

Status”;Status”;

S. 101 of the Act amends the Equal Status Act 2000 in S. 101 of the Act amends the Equal Status Act 2000 in

also in regard to the ground of “Marital Status” being also in regard to the ground of “Marital Status” being

amended to “Civil Status”; amended to “Civil Status”;



S. 102 of the Act amends the Power of Attorney Act S. 102 of the Act amends the Power of Attorney Act

1996 in regard to the notification of the Donor of the 1996 in regard to the notification of the Donor of the

Power of Attorney’s Civil Partner, as well as the Power of Attorney’s Civil Partner, as well as the

invalidation of the Power of Attorney in the event that invalidation of the Power of Attorney in the event that

there is a Barring Order or Protection Order made;there is a Barring Order or Protection Order made;

S. 103 of the Act amends the Civil Liability Act 1961 to S. 103 of the Act amends the Civil Liability Act 1961 to

permit a Civil Partner sue for damages in the event of permit a Civil Partner sue for damages in the event of

the Wrongful Death of the other Civil Partner; the Wrongful Death of the other Civil Partner;


Part 11: Nullity of Civil Partnership:Part 11: Nullity of Civil Partnership:

S. 105 of the Act confers on the Court the Power to S. 105 of the Act confers on the Court the Power to

grant a Decree of Nullity and sets out the grounds grant a Decree of Nullity and sets out the grounds

upon which a Civil Partnership is null and void;upon which a Civil Partnership is null and void;

S. 106 of the Act sets out the implications for affectedS. 106 of the Act sets out the implications for affected

Parties in the event that the original Civil Partnership isParties in the event that the original Civil Partnership is

declared null and void.declared null and void.


Part 12: Dissolution of Civil Partnership:Part 12: Dissolution of Civil Partnership:

S. 108 of the Act permits dissolution in the event that S. 108 of the Act permits dissolution in the event that

that the Civil Partners have lived apart for a period of at that the Civil Partners have lived apart for a period of at

least two (2) out of the previous three (3) years;least two (2) out of the previous three (3) years;

S. 109 of the Act permits the adjournment of such S. 109 of the Act permits the adjournment of such

dissolution proceedings to allow for a reconciliation or dissolution proceedings to allow for a reconciliation or

use of a Mediator;use of a Mediator;

S. 113 of the Act permits the granting of a Barring S. 113 of the Act permits the granting of a Barring

Order or Protection Order in the same proceedingsOrder or Protection Order in the same proceedings



S. 115 of the Act permits the Court to make any S. 115 of the Act permits the Court to make any

periodical payments, secured periodical payments, or aperiodical payments, secured periodical payments, or a

lump sum payment to the other Civil Partner;lump sum payment to the other Civil Partner;

S. 116 of the Act permits the instigation of a Property S. 116 of the Act permits the instigation of a Property

Adjustment Order unless the Civil Partner who is to Adjustment Order unless the Civil Partner who is to

benefit from the Order has got married or entered a benefit from the Order has got married or entered a

new Civil Partnership; new Civil Partnership;



S. 119 of the Act permits the Court on the applicationS. 119 of the Act permits the Court on the application

of a Civil Partner subsequent to a dissolution to make aof a Civil Partner subsequent to a dissolution to make a

Pension Adjustment Order; Pension Adjustment Order;

S. 120 of the Act requires notice to be given to the S. 120 of the Act requires notice to be given to the

Trustees of the Pension Scheme in question;Trustees of the Pension Scheme in question;

Ss 121-124 of the Act set out the procedures for the Ss 121-124 of the Act set out the procedures for the

implementation of the Pension Adjustment Order, implementation of the Pension Adjustment Order,

Including payment of costs and information required; Including payment of costs and information required;



S. 125 of the Act permits the Court to make an Order to S. 125 of the Act permits the Court to make an Order to

provide for a person from the Net Estate of his/her provide for a person from the Net Estate of his/her

deceased Civil Partner;deceased Civil Partner;

S. 126 of the Act permits the Court to order the sale of S. 126 of the Act permits the Court to order the sale of

property owned by one or both Civil Partners if a property owned by one or both Civil Partners if a

Secured Periodical Payment, Lump Sum Order orSecured Periodical Payment, Lump Sum Order or

Property Adjustment Order is made; Property Adjustment Order is made;



S. 127 of the Act sets out the matters that the Court S. 127 of the Act sets out the matters that the Court

must have regard to when making either an Interim must have regard to when making either an Interim

Maintenance Order, Secured Periodical Payment Order, Maintenance Order, Secured Periodical Payment Order,

Lump Sum Order, Property Adjustment Order or an Lump Sum Order, Property Adjustment Order or an

Order requiring the at Life Insurance Policy be put in Order requiring the at Life Insurance Policy be put in

place; place;

S. 134 of the Act ensures that all such Orders are S. 134 of the Act ensures that all such Orders are

enforceable under the Enforcement of Court Orders enforceable under the Enforcement of Court Orders

Act 1940.Act 1940.


Part 13: Jurisdiction Issues:Part 13: Jurisdiction Issues:

S. 138 of the Act sets out the jurisdiction of the District, S. 138 of the Act sets out the jurisdiction of the District,

Circuit and High Courts in a variety of Civil Partnership Circuit and High Courts in a variety of Civil Partnership

Proceedings. A Civil Partner needs to be domiciled in Proceedings. A Civil Partner needs to be domiciled in

the State or ordinarily resident for a year up to the date the State or ordinarily resident for a year up to the date

of the initiation of Proceedings;of the initiation of Proceedings;

S. 141 of the Act states that Civil Partnership S. 141 of the Act states that Civil Partnership

Proceedings in the Circuit Court are to be kept Proceedings in the Circuit Court are to be kept

separate from other Circuit Court Proceedings. separate from other Circuit Court Proceedings.


Part 14: Part 14:

Other Consequences of Civil Partnership Registration:Other Consequences of Civil Partnership Registration:

S. 149 of the Act amends S. 13 of the Family Law S. 149 of the Act amends S. 13 of the Family Law

(Divorce) Act of 1996 whereby Periodical Payments for (Divorce) Act of 1996 whereby Periodical Payments for

a former Spouse will lapse if the former Spouse enters a former Spouse will lapse if the former Spouse enters

a Civil Partnership ;a Civil Partnership ;

S. 153 of the Act amends S. 18 of the 1996 Act in the S. 153 of the Act amends S. 18 of the 1996 Act in the

same way in regard to the making of provision for a same way in regard to the making of provision for a

former Spouse form the Estate of a deceased Spouse ifformer Spouse form the Estate of a deceased Spouse if

the former has entered a Civil Partnership.the former has entered a Civil Partnership.


Part 15: Co-Habitants:Part 15: Co-Habitants:

S. 170 of the Act provides that a Co-Habitant is one (1) S. 170 of the Act provides that a Co-Habitant is one (1)

of two (2) Adults of the same or opposite sex who live of two (2) Adults of the same or opposite sex who live

together in an intimate relationship and who are not together in an intimate relationship and who are not

related in the Prohibited Degrees of Relationship, or related in the Prohibited Degrees of Relationship, or

are Married or are Civil Partners. are Married or are Civil Partners.

A relationship is still an intimate one even if there is no A relationship is still an intimate one even if there is no

sexual element to it. A qualified Co-Habitant is one whosexual element to it. A qualified Co-Habitant is one who

has lived with the other Co-Habitant for five (5) years has lived with the other Co-Habitant for five (5) years

or two (2) years if there are Issue. or two (2) years if there are Issue.



S. 171 of the Act provides that the Court may make a S. 171 of the Act provides that the Court may make a

range of Orders , including a Property Adjustment range of Orders , including a Property Adjustment

Order, a Maintenance Order and a Pension Adjustment Order, a Maintenance Order and a Pension Adjustment

Order if it is satisfied that the applicant Co-Habitant is Order if it is satisfied that the applicant Co-Habitant is

financially dependent on the other Co-Habitant;financially dependent on the other Co-Habitant;

S. 174 of the Act provides definitions for Ss 174 to 184S. 174 of the Act provides definitions for Ss 174 to 184

of the Act in regard to the making of an Attachment of of the Act in regard to the making of an Attachment of

Earnings Order for the purpose of securing payments Earnings Order for the purpose of securing payments

under a Maintenance Order; under a Maintenance Order;



Ss 185 to 190 of the Act cover the procedure permittingSs 185 to 190 of the Act cover the procedure permitting

a qualified Co-Habitant to make an application to thea qualified Co-Habitant to make an application to the

Court for a Pension Adjustment Order in regard to the Court for a Pension Adjustment Order in regard to the

other qualified Co-Habitant;other qualified Co-Habitant;

S. 191 of the Act states that the Court may adjourn S. 191 of the Act states that the Court may adjourn

Proceedings to allow qualified Co-Habitants an Proceedings to allow qualified Co-Habitants an

opportunity to attempt a reconciliation as well as the opportunity to attempt a reconciliation as well as the

use of a qualified Mediator;use of a qualified Mediator;



S. 192 of the Act gives the Court power to provide for aS. 192 of the Act gives the Court power to provide for a

qualified Co-Habitant from the Estate of a deceased qualified Co-Habitant from the Estate of a deceased

Co-Habitant. An application should be made within sixCo-Habitant. An application should be made within six

(6) months of the Grant of Probate or Grant of (6) months of the Grant of Probate or Grant of

Administration under the Succession Act 1965. Administration under the Succession Act 1965.

However, this cannot exceed the Legal Right Share However, this cannot exceed the Legal Right Share

he/she is entitled to under the Rules of Intestacy if the he/she is entitled to under the Rules of Intestacy if the

Co-Habitant had been Married or in a Civil Partnership;Co-Habitant had been Married or in a Civil Partnership;



S. 199 of the Act provides that any Agreements basedS. 199 of the Act provides that any Agreements based

upon the nature of the Order approved by the Court areupon the nature of the Order approved by the Court are

only valid if the qualified Co-Habitants have received only valid if the qualified Co-Habitants have received

independent legal advice or if received together that independent legal advice or if received together that

they waived their right to such advice;they waived their right to such advice;

S. 200 of the Act amends the Residential Tenancies Act S. 200 of the Act amends the Residential Tenancies Act

2004 so that a same-sex Co-Habitant of a Deceased 2004 so that a same-sex Co-Habitant of a Deceased

Tenant is entitled to the inheritance of a Part 4 Tenant is entitled to the inheritance of a Part 4

Tenancy, as per an opposite-sex Co-Habitant; Tenancy, as per an opposite-sex Co-Habitant;



S. 201 of the Act amends the Civil Liability Act 1961 in S. 201 of the Act amends the Civil Liability Act 1961 in

that a same-sex Co-Habitant has the same rights as anthat a same-sex Co-Habitant has the same rights as an

opposite-sex Co-Habitant to sue for his/her Co-opposite-sex Co-Habitant to sue for his/her Co-

Habitant’s Wrongful Death; Habitant’s Wrongful Death;

S. 203 of the Act amends the Domestic Violence Act S. 203 of the Act amends the Domestic Violence Act

1996 to afford the same-sex Co-Habitant the right to 1996 to afford the same-sex Co-Habitant the right to

apply for either Barring Order, or a Safety Order, with apply for either Barring Order, or a Safety Order, with

duration of Co-Habitation requirement. duration of Co-Habitation requirement.


THANK YOU!THANK YOU!

Dr Kieran Doran, SolicitorDr Kieran Doran, SolicitorAssociate LecturerAssociate LecturerLaw School Law School Incorporated Law Society of Ireland Incorporated Law Society of Ireland

the civil partnership act 2010 dr kieran doran, solicitor associate lecturer law school incorporated...

Documents

civil partnership act

nullity of civil partnership

status of civil partnership

civil registration act

maintenance of civil

legal registration

law reform commission

succession rights