The Growing Importance of Co-Habitation Agreements

The Civil Partnership and Certain Rights and Obligations of Co Habitants Act 2010 gives rights to non-married couples who have been living together in an intimate and committed relationship. To qualify as co-habitants parties must :

  1. be living together for a period of 5 years if they have no children together or
  2. be living together for a period of 2 years if they share a child.

If a couple who comply with the above criteria subsequently break up the dependent co-habitant can apply to the Circuit Court for maintenance, property adjustment orders or other financial reliefs. Furthermore, if one of the parties dies the remaining co-habitant can assert inheritance rights over the Estate of the deceased.

Couples moving in together who wish to ensure certainly for the future should consider entering into a co-habitation agreement which sets out their intentions if the relationship come to an end.

Any such agreement will only be valid if both parties obtain independent legal advice or waive their right to legal advice in writing.

Agreements can be varied at any time should circumstances change but if you are looking for peace of mind and security over your assets a co-habitation agreement would be well advised.

For further information contact Jennifer O’Sullivan who will discuss and advise you through the process and draft the necessary agreement.

Jennifer can be contacted as follows:

045 432382 or jennifer@bnsolicitors.ie

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