Changing a Child’s Surname in Ireland-What You Need to Know

change childs name ireland

If you want to change a child’s surname there is three ways this can happen:

  1. In the Birth Register
  2. By Deed Poll
  3. By Common Usage

Birth Register-Re-Registration

If the child has been registered in the mother’s name alone the birth can be re-registered in the Register of Births to include the father’s name. This can be done in the following ways:

  • Both parents register the birth together using form CRA9
  • The mother can name the father and bring along an acknowledgement from the father that he is the father
  • The father can bring along a declaration form acknowledging he is the father and a declaration from the mother confirming he is the father
  • The mother and father can make a written request on production of a court order which names the father.

The Registrar in your local office or the hospital will have the necessary forms.

Birth Register-Changing the Child’s Name

If the parents marry, and they both agree, the surname can be changed in the Birth Register. Both names, however, must have already been on the Birth Register.

Changing Child’s Name by Deed Poll

This will not change the child’s name on the Birth Register. Changing by Deed Poll involves presenting the Deed Poll and the child’s birth certificate in the deed poll section of Central Office of the High Court.

Children between the ages of 14 and 18 can sign a Deed Poll themselves, provided they have consent of both parents. Children under 14 will need to have the Deed Poll executed (signed) on their behalf by a guardian with the consent of the other guardian (if any).

Generally, the father will need to agree to the change of name, and he will have to sign a form confirming agreement.

If the father’s consent is not available all is not lost. The mother will have to swear a grounding affidavit.

This grounding affidavit of the mother must set out the reasons why the change is being sought, the father’s last address (if known), confirmation that the parents were or were not married, whether they lived together as a family unit, why consent is not available, the last date of contact with the father, and whether the mother is sole guardian or not.

If the father’s name does not appear on the child’s birth certificate the mother will have to swear a supplemental affidavit confirming there are no courts orders in place in relation to guardianship, access, custody or maintenance and setting out what role, if any, the father has in the child’s life.

The deed poll will have to be printed on deed paper and it will state that the mother wishes that the child be called by his/her new surname from now on.

The documents that need to be submitted to the Deed Poll section of Central Office of the High Court will be

  • Birth certificate
  • Deed poll
  • Affidavit of witness
  • Grounding affidavit of mother that father is not consenting
  • Certified copies of birth cert, passport and court orders relating to guardianship

A solicitor can send in the necessary documents, but the Deed Poll Section will not accept the documents directly from the applicant by post.

You can then enrol the Deed Poll on a publicly accessible register in the Central Office of the High Court, although this is not necessary and you can use the Deed Poll and the child’s birth certificate together for administrative purposes. The National Driving Licence Service (NDLS), however, requires the deed poll be registered for the purposes of getting a driving licence.

Changing Child’s Name by Common Usage

You can change a name by common usage, and use this for official purposes. You need to show 2 pieces of formal identification in which you use this name.

If you are the sole guardian of a child you can do this without any difficulty; if you are joint guardian you will need the consent of the other guardian.

Conclusion

Changing a child’s surname is easier with the agreement of the other parent.

But it is not fatal if the other parent does not agree or cannot be contacted, and applications can be made to the Deed Poll section of Central Office of the High Court and the Senior Registrar will decide based on the circumstances of the case.

DIY Divorce and Divorce by Consent-What You Should Know

diy divorce

Getting a divorce can be expensive, but it doesn’t have to be. When I am asked by a potential client, “how much will a divorce cost?”, my answer is always the same.

It depends on how much agreement there is between the parties, how many times we will be required to go to Court, how much correspondence will be exchanged between the parties or their solicitors; in short, how much time will be involved.

Because time is money and going to Court to fight over various aspects of the break up is time consuming and, therefore, costly.

Disputes can be bitter, particularly when it comes to issues like custody, maintenance, property, access, pensions, etc. Also, if there are other “new” partners involved it can be harder to keep things cool and civil.

Divorce by Consent

However, if the parties are agreed on all aspects of the divorce a divorce by consent can be obtained at a fraction of the cost of a contested divorce.

There are two circumstances where this can commonly occur:

  • where the parties have not been married a long time and there are no children and no jointly owned property and
  • where the parties have been married a long time but the children, if any, are grown up and the parties are agreed about going their separate ways and have arrangements agreed about joint assets/property/living arrangements.

In addition to these 2 types of circumstances, the parties themselves can agree, even if there is joint property or minor children.

Documents required

To get the ball rolling to obtain your divorce you will need some basic legal documents for Court.

These will include:

  1. a Family Law Civil Bill
  2. an Affidavit of Means
  3. an Affidavit of Welfare if there are dependent children.

These will need to be filed in Court and served on the other spouse.

You will then need

  1. Affidavits of service
  2. a Letter of Consent to the divorce
  3. a Notice to Pension Trustees, if there is a pension held by one or both parties
  4. a draft Pension Adjustment Order
  5. a Notice of Motion for Judgment
  6. an Affidavit of Service of Notice of Motion.

Once the Notice of Motion for Judgment is filed in the Court office a date for the hearing of that motion, and the granting of the divorce, will be granted.

Requirements for a divorce

You can read about the requirements in greater detail here.

In summary,

  1. you must have lived apart from each other for 4 of the last 5 years
  2. there is no reasonable prospect of reconciliation
  • there is proper provision made for the parties and the dependent children, if any.

Also, at least one of the spouses must have lived, or been domiciled, in Ireland in the 12 months prior to commencement of proceedings.

How quickly you will get your divorce will depend on where the proceedings are brought. The Dublin Circuit is the quickest as the Circuit Court sits every day to deal with divorce/judicial separation.

Outside of Dublin the sittings are much less frequent.

The proceedings can be brought where one of the parties resides or carries on a business, occupation, or profession.

You will need an original marriage certificate.

DIY Divorce

There are businesses which provide a service to allow you obtain a consent divorce.

It appears that they prepare the necessary documents and legal papers for you, based on your replies to their questions about your circumstances, and assuming both parties are agreeable to the divorce and its terms.

You then go to Court to file these papers and ultimately you go to Court to obtain your divorce.

If you and the other spouse are happy to do this, and there are no legal issues that you need advice on, this type of service might be suitable for you and what you want.

However, if you need legal advice, or would have concerns about going to Court yourself, or would have concerns about the procedures adopted in Court, or have any second thoughts about doing it yourself you can always instruct a solicitor to get professional advice and help.

How to Enforce an Access or Custody Order

enforce-access-order

Have you obtained an access order from Court but you’re being denied access to the child?

You may need to take legal action to enforce your Court Order.

Section 60 of the Children and Family Relationships Act 2015 came into law in Ireland on January 18th, 2016. It amends the Guardianship of Infants Act, 1964 and provides as follows:

60. The Act of 1964 is amended by the insertion of the following sections after section 18:

“Enforcement orders

18A. (1) A guardian or parent of a child who has been—
(a) granted, by order of the court made under this Act, custody of, or access to, that child, and
(b) unreasonably denied such custody or access by another guardian or parent of that child,
may apply to the court for an order (‘enforcement order’) under this section.
(2) An application under subsection (1) shall be on notice to each guardian and parent of the child concerned.
(3) Subject to subsection (4), the court, on an application under subsection (1), shall make an enforcement order only where it is satisfied that—
(a) the applicant was unreasonably denied custody or access, as the case may be, by the other parent or guardian,
(b) it is in the best interests of the child to do so, and
(c) it is otherwise appropriate in the circumstances of the case to do so.
(4) An enforcement order may provide for one or more than one of the following:
(a) that the applicant be granted access to the child for such periods of time (being periods of time in addition to the periods of time during which the applicant has access to the child under the order referred to in subsection (1)(a)) that the court may consider necessary in order to allow any adverse effects on the relationship between the applicant and child caused by the denial referred to in subsection (1) to be addressed;
(b) that the respondent reimburse the applicant for any necessary expenses actually incurred by the applicant in attempting to exercise his or her right under the order referred to in subsection (1)(a) to custody of, or access to, the child;
(c) that the respondent or the applicant, or both, in order to ensure future compliance by them with the order referred to in subsection (1)(a) do one or more than one of the following:
(i) attend, either individually or together, a parenting programme;
(ii) avail, either individually or together, of family counselling;
(iii) receive information, in such manner and in such form as the court may determine on the possibility of their availing of mediation as a means of resolving disputes between them, that adversely affect their parenting capacities, between the applicant and respondent.
(5) An enforcement order shall not contain a provision referred to in subsection (4)(a) unless—
(a) the child, to the extent possible given his or her age and understanding, has had the opportunity to make his or her views on the matter known to the court, and
(b) the court has taken the views (if any) of the child referred to in paragraph (a) into account in making the order.
(6) Where the court, on an application under subsection (1), is of the opinion that the denial of custody or access was reasonable in the particular circumstances, it may—
(a) refuse to make an enforcement order, or
(b) make such enforcement order that it considers appropriate in the circumstances.
(7) This section is without prejudice to the law as to contempt of court.
(8) In this section—
‘family counselling’ means a service provided by a family counsellor in which he or she assists a person or persons—
(a) to resolve or better cope with personal and interpersonal problems or difficulties relating to, as the case may be, his, her or their marriage, civil partnership, cohabitation or parenting of a child, or
(b) to resolve or better cope with personal and interpersonal problems or difficulties, or issues relating to the care of children, where the person or persons is or are affected, or likely to be affected, by separation, divorce, the dissolution of a civil partnership or the ending of a relationship of cohabitation;
‘family counsellor’ means a person who has the requisite skill and judgment to provide family counselling;
‘parenting programme’ means a programme that is designed to assist (including by the provision of counselling services or the teaching of techniques to resolve disputes) a person in resolving problems that adversely affect the carrying out of his or her parenting responsibilities.

Person presumed to have seen order of court

18B. A person shall be deemed to have been given or shown a copy of an order made under this Act if that person was present at the sitting of the court at which such order was made.
Power of court to vary or terminate custody or access enforcement order
18C. (1) The court may, on application by a person granted by order of the court made under this Act, custody of, or access to a child, make an order varying or terminating an enforcement order or any part of that order.
(2) The court may, in proceedings to vary or terminate a custody or access order, in those proceedings vary or terminate an enforcement order that relates to that custody or access order.

Enforcement of custody or access order

18D. (1) Where a guardian or parent of a child—
(a) has been granted, by order of the court made under this Act, custody of, or access to that child, and
(b) fails, without reasonable notice to another guardian or parent of the child, to exercise the right concerned,
the other parent or guardian of the child may apply to the court for an order requiring the first-mentioned guardian or parent to reimburse to the second-mentioned guardian or parent any necessary expenses actually incurred by that guardian or parent as a result of the failure of the first-mentioned guardian or parent to exercise that right.
(2) In this section, and section 18A, ‘necessary expenses’ include the following:
(a) travel expenses;
(b) lost remuneration;
(c) any other expenses the court may allow.”.

What This Means

This means that you can make a formal complaint to the District Court Clerk who can then issue a breach of access summons (form 58.29 District Court, schedule C) to the party failing to abide by the access order.

It is presumed, also, that the non-compliant party has seen the Court order granting access if he/she was present at the Court sitting where the order was made.

The Court can then make an enforcement order if it decides that you were unreasonably denied access.

The Court can also make an order that you be reimbursed for necessary expenses-travel and lost remuneration- in attempting to avail of access, order that either or both parties attend a family counselling/parenting programme, or vary/terminate the access order.

In other words, the Court has wide discretion to make whatever order it sees fit, having regard to the welfare of the child.

The Court can also find the non-compliant party in contempt of Court and impose whatever penalty it sees fit.

Children and Family Relationships Act,2015-Changes Come Into Law,January,2016

children and family relationships act 2015

Parts of the Children and Family Relationships Act 2015 have come into law from 18th January, 2016.
These deal with
1. guardianship
2. custody
3. access.

Guardianship and Unmarried Fathers

Unmarried fathers will automatically become guardians of their children if they meet a cohabitation requirement.

An unmarried father who cohabits for 12 months with the child’s mother, including 3 months following a child’s birth, will automatically become the child’s guardian.

This provision is not retrospective, so guardianship will only be acquired automatically where the parents live together for at least 12 months after 18 January 2016.

Other Provisions

-A person other than a parent may become the child’s guardian, if married to or in a civil partnership with the child’s parent or if s/he has cohabited with the child’s parent for over 3 years and if the person has shared responsibility for child’s day-to-day care for more than 2 years.

It will also be possible for the court to appoint a person as a child’s guardian if that person has been responsible for the child’s day-to-day care for over a year and if no parent or guardian is willing to assume the responsibilities of guardianship.

The powers of court-appointed guardians will generally be limited to decisions on day-to-day matters. The decisions reserved to full guardians are decisions on the child’s place of residence, his / her religious, spiritual and cultural upbringing and on medical matters, placement for or consent to adoption of a child and on the issue of a passport for a child.

It will be possible for a guardian parent to nominate a temporary guardian for his / her child through a court-based process if the parent is suffering from serious illness or injury which would prevent him or her from exercising his or her guardianship responsibilities. The court will appoint the temporary guardian and will have the power to limit that person’s responsibilities, taking account of any limitations imposed by the parent.

-A parent’s spouse, civil partner or cohabitant of not less than 3 years will be able to apply for custody where s/he has shared parenting of the child for 2 years. A grandparent or other relative will be able to apply to court for custody of a child where s/he is an adult who has undertaken the child’s day to day care for more than 12 months and the child has no parent or guardian willing or able to act as guardian.

A grandparent or other relative will be able to apply to court for custody of a child where s/he is an adult who has undertaken the child’s day to day care for more than 12 months and the child has no parent or guardian willing or able to act as guardian.

-Relatives of a child such as grandparents or those acting in loco parentis will be able to apply to have access to children more easily in the context of relationship breakdown.

-A child’s best interests will be the paramount consideration for the court in proceedings on guardianship, custody or access.

-The court can impose enforcement orders where a parent or guardian has been denied custody or access. These may include requiring that he or she get compensatory time with the child, that his or her expenses be reimbursed or that one or both parties attend parenting programmes, family counselling or receive information on mediation.

-A child co-parented by civil partners will have the same protections as are enjoyed by a child of a family based on marriage. The court will also be able to order a civil partner to pay maintenance for the support of a dependent child of the civil partners, including where the child is the child of only one of the civil partners.

-A maintenance responsibility may be imposed on a cohabiting partner for a partner’s child where the partner is a guardian of the child.

The relevant commencement order is the Children and Family Relationships Act 2015 (Commencement of Certain Provisions) Order 2016.

The relevant act is the Children and Family Relationships Act, 2015.

Arrears of Maintenance-How to Pursue Them

arrears of maintenance

Have you a Court Order for maintenance but payments are not being made?

You can pursue the arrears of maintenance, and the creditor runs the risk of going to jail for contempt of court.

How do you pursue arrears?

Firstly, you must make an application for the issue of a summons. It shall be in writing (and may be by the lodgment with the Clerk of a completed draft form of summons) and shall include:

(a) a copy of the antecedent order concerned;

(b) the period(s) for which the monetary amounts directed to be paid by the antecedent order have not been duly paid;

(c) the amount of the arrears, and any amount provided by the antecedent order for costs and expenses which is unpaid;

(d) a statement that the applicant understands that the information included in the application may have to be proved on oath at the hearing of any summons issued on foot of the application.

The summons shall be in the Form 57.1 or Form 57.3 Schedule C. The summons shall, in addition to requiring the attendance of the defaulter at a sitting of the Court, also require the defaulter to complete, detach and lodge with the Clerk not less than one week before the date of the said sitting a statement of means and assets (in the Form 53.3 Schedule C, with the necessary modifications), which shall be attached to the summons.

Persons affected by garnishee order

A person served with an order who is unable to comply with the order may apply to the Court by notice of application in the Form 57.5 Schedule C to set aside or vary the order. A copy of the notice shall be served on the defaulter and on the applicant not later than seven days before the hearing of the application and the original notice shall be lodged with the Clerk not later than four days before the hearing of the application.

Warrant of detention

Where a failure by the maintenance debtor is treated as constituting contempt of court and an order of imprisonment is made, the warrant of detention shall be in accordance with Form 57.7 or 57.8Schedule C, as appropriate.

Application to purge contempt

  1. Where a person is imprisoned for contempt of court in accordance with section 9A of the Act of 1976:

(a) the person shall be notified in writing of the action required to purge his contempt;

(b) the Court may direct that, if the contempt has not previously been purged, the person shall be brought back before the Court at a place and time fixed by the Court.

Conclusion

The above is a summarised version only of what’s involved.

Even though you can follow this procedure yourself you might be better off engaging the services of a solicitor to ensure you are professionally represented and are not given the run around by somebody who does not hold Court Orders or their maintenance obligations in high regard.

How to Apply for Custody, Guardianship, and Access in the District Court

custody guardianship access

Do you need to apply for guardianship or custody of a child, or access?

You can bring the application in the District Court where either party to the proceedings resides or carries on any profession, business or occupation.

Your hearing will be heard in private.

Guardianship applications and Court orders

An application to the Court  by the father of a child whose father and mother have not married each other and have not made a statutory declaration, for an order appointing him to be a guardian of the child shall be preceded by the completion by the applicant of a notice in the Form 58.1 Schedule C.

Such notice shall be served upon the mother and upon any other guardian of the child. The order of the Court granting such application shall be in the Form 58.2 Schedule C.

Applications to appoint or remove a guardian can also be made in other circumstances, for example where a child has no guardian or where a surviving guardian objects to the appointment of a testamentary guardian.

Application seeking Court’s direction

An application to the Court can be made for the court’s direction as to access, custody, or guardianship by a person who is a relative of a child, or has acted in loco parentis to a child and shall be preceded by the issue and service of a notice in the Form 58.15 Schedule C upon each guardian of the child. The order of the Court thereon shall be in the Form 58.16 Schedule C.

Application to vary/discharge

An application under section 12 of the Act for an order varying or discharging a previous order shall be preceded by the issue and service of a notice in the Form 58.21 Schedule C upon each of the other guardians or each of the guardians of the child as the case may be. The order of the Court thereon shall be in the Form 58.22 Schedule C.

Application for production of child

An application for the production of a child shall be preceded by the issue and service of a notice in the Form 58.23 Schedule C upon the person having custody of the child.

Custody/right of access -non compliance with direction

Where complaint is made to a Judge alleging an offence of failure or refusal to comply with the requirements of a direction given in an order the summons which may be issued and served upon the person against whom the offence is alleged shall be in the Form 58.28 or 58.29 Schedule C, as appropriate.

Service and lodgment of documents

Documents may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days or, in the case of proceedings certified as urgent under rule 2(2) hereof, at least two days, before the date of the sitting of the Court to which it is returnable.

The original of every such notice or order served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Clerk to supply copies of orders

Where the Court makes an order under the Act, the Clerk shall give, or send by ordinary post, a copy of such order to each person in whose favour or against whom the order was made.

 

What’s set out above is an abbreviated version of the rules involved.

Always check the full version of the appropriate rules or get legal advice or representation.

How to Apply for Maintenance in the District Court

maintenance-family-law

You can apply for maintenance in the District Court where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

The application will be heard in private-only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8 rule 2 of these Rules) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

An application for a maintenance order shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1 or 54.2 or in the Form 54.3 or 54.4 Schedule C, as appropriate.

Application to discharge maintenance

An application by a maintenance debtor for the discharge of a maintenance order shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C. The order of the Court granting the application shall be in the Form 54.10 Schedule C.

Application to discharge or vary order

An application by either party to the proceedings to discharge or vary a maintenance order shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C. The order of the Court granting the application shall be in the Form 54.12 Schedule C.

Interim order

An interim order made by the Court under section 7 of the Act shall be in the Form 54.13 Schedule C.

Payments to Clerk

Where the Court directs that payments under a maintenance order, a variation order or an interim order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Recovery of arrears by Clerk

Where payments to the Clerk under a maintenance order, a variation order or an interim order are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 10 of the Act for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act, 1940 (in accordance with the provisions of Order 56 or 57, as the case may be of these Rules)

Service of summonses

A summons required by this Order to be served may be served upon the person to whom it is directed in accordance with the provisions of Order 10 of these Rules at least fourteen days (21 days if by registered post) before the date of the sitting of the Court to which the summons is returnable.

The original of every such summons served, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

Orders to secure payments

Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C. The order of the Court granting such application shall be in the Form 54.23 Schedule C.

Maintenance Applications in Dublin District Court Without a Solicitor

 

family-law-maintenance

The Legal Aid Board has published a handy guide to maintenance applications in Dublin District Court.

It tells you what to expect if you are making the application yourself and you are not using a solicitor.

It also includes the Statement of Means form which you should fill out and have ready to hand into Court, or exchange with the other party, if necessary.

You can download the guide here.

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 in Plain English

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 came into law in Ireland on 1st January, 2011.

Civil Partnership

It gave new rights to

  1. Civil partners and
  2. Cohabitants and Qualifying Cohabitants.

Civil partnerships, involving two people of the same sex, were now permitted to be registered under the Civil Registration Act, 2004.

What are Civil Partners?

Section 3:

3.— For the purposes of this Act a civil partner is either of two persons of the same sex who are—
(a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or
(b) parties to a legal relationship of a class that is the subject of an order made under section 5 that has not been dissolved or the subject of a decree of nullity.

 

To register a civil partnership

You need to

  1. Give 3 months notice to the Registrar
  2. Sign a declaration at the Registrar’s office not less than 5 days before the date on which the Civil Partnership is to be registered stating that there is no impediment to the registration
  3. Complete the Civil Partnership registration form in the presence of the Registrar and two witnesses over the age of 18.

The Act also makes provision for the recognition of foreign registered Civil Partnerships or similar legal arrangements.(See Statutory Instrument 649/2010).

Rights of Civil Partners

  1. The shared home of the Civil Partners will be protected in a similar way to the protection enjoyed by married couples in respect of the family home
  2. Maintenance orders can be made by Courts in favour of one Civil Partner against the other
  3. Civil partners are given succession rights to the property of the other Civil Partner in a similar way to the rights enjoyed by married couples
  4. Civil Partners enjoy certain tax exemptions in respect of gifts/inheritances and transfers of property.

Dissolution of a Civil Partnership

A Court can dissolve a Civil Partnership provided

  1. The Civil Partners have lived apart for at least 2 of the previous 3 years and
  2. Proper provision has been made for the Civil Partners.

The Court has wide powers to make ancillary orders such as enjoyed by married couples in respect of property, finances, maintenance, pension adjustment orders, etc.

Cohabitants

The act also provides rights and obligations on cohabitants.

The definitions of a cohabitant and a qualified cohabitant under the act are important and can be found in section 172

A cohabitant:

172.— (1) For the purposes of this Part, a cohabitant is one of 2 adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other.

A qualified cohabitant:

(5) For the purposes of this Part, a qualified cohabitant means an adult who was in a relationship of cohabitation with another adult and who, immediately before the time that that relationship ended, whether through death or otherwise, was living with the other adult as a couple for a period—
(a) of 2 years or more, in the case where they are the parents of one or more dependent children, and
(b) of 5 years or more, in any other case.

Only a qualified cohabitant can seek financial orders against the other cohabitant.

A Qualified Cohabitant can also apply to Court for a range of order and reliefs similar to a married couple on separation or divorce. These reliefs would include for maintenance, property adjustment orders, pension adjustment orders, etc.

The Act also provides for cohabitants entering into a cohabitants agreement to provide for financial matters during and after their cohabitation.

This agreement will only be valid if each party has had independent legal advice, the agreement is in writing and signed by both, and the law of contract is complied with.

These agreements can also provide that neither party can apply for orders in respect of maintenance, property, or pensions against the other. A Court may vary a cohabitants’ agreement in exceptional circumstances.

As can be seen, certain rights accrue to Qualified Cohabitants unless the parties exclude the operation of the Act by sighing a cohabitants’ agreement stating their agreement on financial matters.

Children and Family Relationships Act 2015-Read the Full Act

Click on the link to access the Children and Family Relationships Act, 2015.

Part 2 deals with parentage in cases of donor assisted human reproduction

Part 3 deals with donor assisted human reproduction

Part 4 deals with amendments to Guardianship of Infants act, 1964

Part 5 amends the Succession Act, 1965

Part 6 amends the Family Law (Maintenance of Spouses and Children) Act, 1976

Part 7 amends the Status of Children Act, 1987

Part 8 amends the Family Law Act, 1995

Part 9 amends the Civil Registration Act, 2004

Part 10 amends the Passports Act, 2008

Part 11 amends the Adoption Act, 2010

Part 12 amends the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010

Part 13 amends some other miscellaneous acts.