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Family Law
Civil Partner Rights Ireland
Once a Civil Partnership has been registered each of the partners acquires rights. The Civil Partner Rights in Ireland include:
- The shared home in which the Civil Partners ordinarily live will be subject to protection like that which applies in the case of married couples so that generally it is not possible for the partner who owns the home to dispose of it without the prior consent in writing of the other partner.
- A court can make a maintenance order requiring one civil partner to provide maintenance to the other.
- If a deceased leaves a civil partner and no children, the surviving civil partner’s legal right is to 50% of the estate. If the deceased has left children then the surviving partner’s share is to one-third of the estate. In case of intestacy if the deceased leaves a civil partner and no issue, the civil partner inherits the entire estate. Provision is included to permit a child of the deceased civil partner to make a court application within six months of the date of extraction of a grant of representation to the deceased’s estate seeking an enlarged share.
- The court can make a range of financial orders on granting a dissolution of a civil partnership, like those which may be granted on the separation of married couple, including:
- maintenance orders
- property adjustments order
- financial compensation orders (provision by way of insurance arrangement)
- pension adjustment orders
- property adjustment orders for sale of property or relating to occupation of property
- orders providing for a surviving civil partner from the estate of a deceased former partner.
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.
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Divorce means that the marriage is dissolved. Once divorced you can remarry or enter a civil partnership. To obtain a divorce, you must have lived apart from your spouse for a period of at least 2 years during the preceding 3 years. Living apart usually means living in separate homes however, it is possible to live apart while sharing the same home. The court must be satisfied that there is no reasonable chance of reconciliation between the spouses.
When a couple cannot agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party.
A separation agreement is a binding contract between spouses and usually contains the following terms:
Civil partnerships are partnerships which can be registered by two persons of the same sex. A court can grant a decree dissolving a civil partnership where:
Once a Civil Partnership has been registered each of the partners acquires rights, including:
A parent or legal guardian, whether married or not, can apply for maintenance from the other parent for their children. A summons is issued in the District Court by a parent seeking maintenance from the other parent.
Guardianship describes the legal responsibility of parents to make decisions and perform duties in relation to their child's upbringing. Married parents are automatically joint guardians of their children. Neither separation nor divorce changes this.
Fathers and others who have been appointed joint guardians by a court or by statutory declaration can be removed from their position if the court is satisfied it is in the child’s best interest.
Custody refers to the day-to-day care, residency and upbringing of children who are regarded as dependent children. Dependent children in custody matters are children who are under the age of 18. In cases of judicial separation or divorce, one parent is usually granted custody.
Access refers to the right of a child to maintain direct contact with the parent with whom the child does not reside. It can include the child staying overnight either occasionally, on alternate weekends or during school holidays and for the parent and child going on holidays together.
A Protection Order can be made by the court where it considers that there are reasonable grounds for believing that it is required for the applicant’s safety or welfare or that of a dependent child. The order can be applied for when applying for a safety order.
