Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Number 24 of 2010

CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

REVISED

Updated to 22 June 2023

This Revised Act is an administrative consolidation of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 (15/2023), enacted 22 June 2023, and all statutory instruments up to and including the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (Commencement) Order 2023 (S.I. No. 321 of 2023), made 21 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 24 of 2010

CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

REVISED

Updated to 22 June 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation.

2. Interpretation.

3. Civil partners.

PART 2

Status of Civil Partnership

4. Declarations of civil partnership status.

5. Recognition of registered foreign relationships.

5A. Certain registered foreign relationships.

PART 3

Registration of Civil Partnership

6. Definition, Part 3.

7. Amendment of section 2 of Act of 2004.

8. Amendment of section 8 of Act of 2004.

9. Amendment of section 13 of Act of 2004.

10. Amendment of section 17 of Act of 2004.

11. Amendment of section 22 of Act of 2004.

12. Amendment of section 23 of Act of 2004.

13. Amendment of section 37 of Act of 2004.

14. Amendment of section 46 of Act of 2004.

15. Amendment of section 59 of Act of 2004.

16. Insertion of new Part 7A of Act of 2004.

17. Insertion of new Part 7B of Act of 2004.

18. Amendment of section 60 of Act of 2004.

19. Amendment of section 64 of Act of 2004.

20. Amendment of section 65 of Act of 2004.

21. Amendment of section 66 of Act of 2004.

22. Amendment of section 69 of Act of 2004.

23. Amendment of section 70 of Act of 2004.

24. Amendment of section 73 of Act of 2004.

25. Amendment of First Schedule to Act of 2004.

26. New Third Schedule to Act of 2004.

PART 4

Shared Home Protection

27. Interpretation.

28. Alienation of interest in shared home.

29. Consent of civil partner.

30. Conduct leading to loss of shared home.

31. Payment of outgoings on shared home.

32. Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.

33. Modification of terms of mortgage or lease as to payment of capital sum.

34. Restriction on disposal of household chattels.

35. Joinder of parties.

36. Registration of notice of existence of civil partnership.

37. Restriction of section 59(2) of Registration of Title Act 1964.

38. Creation of joint tenancy in shared home exempt from fees.

39. Offences.

40. Protection of certain tenancies.

41. Protection of certain tenancies.

42. Amendment of Civil Legal Aid Act 1995.

PART 5

Maintenance of Civil Partner

43. Interpretation.

44. Commencement of periodical payments.

45. Maintenance order.

46. Discharge, variation and termination of maintenance order.

47. Interim order.

48. Orders in respect of certain agreements between civil partners.

49. Preservation of pension entitlements.

50. Transmission of payments through District Court clerk.

51. Lump sum maintenance orders.

52. Secured orders.

52A. Failure to make payments to be contempt of court.

52B. Certificate of outstanding payments.

PART 6

Attachment of Earnings

53. Attachment of earnings order.

54. Compliance with attachment of earnings order.

55. Application of sums received by District Court clerk.

56. Statement as to earnings.

57. Notification of changes of employment and earnings.

58. Power to determine whether particular payments are earnings.

59. Persons in service of State, local authority, etc.

60. Discharge, variation and lapse of attachment of earnings order.

61. Cesser of attachment of earnings order.

62. Other remedies.

63. Enforcement.

PART 7

Miscellaneous Provisions Relating to Parts 5 and 6

64. Payments without deduction of income tax.

65. Amendment of the Enforcement of Court Orders Act 1940.

66. Property in household allowance.

67. Voidance of certain provisions of agreements.

67A. Birth and funeral expenses of dependent child.

PART 8

Succession

68. Interpretation.

69. Amendment of section 3 of Act of 1965.

70. Amendment of section 56 of Act of 1965.

71. Amendment of section 58 of Act of 1965.

72. Amendment of section 67 of Act of 1965.

73. Insertion of new sections in Act of 1965.

74. Amendment of section 68 of Act of 1965.

75. Amendment of section 69 of Act of 1965.

76. Amendment of section 70 of Act of 1965.

77. Amendment of section 82 of Act of 1965.

78. Amendment of section 83 of Act of 1965.

79. Amendment of section 85 of Act of 1965.

80. Amendment of section 109 of Act of 1965.

81. Insertion of section 111A in Act of 1965.

82. Amendment of section 112 of Act of 1965.

83. Insertion of section 113A in Act of 1965.

84. Amendment of section 114 of Act of 1965.

85. Amendment of section 115 of Act of 1965.

86. Amendment of section 117 of Act of 1965.

87. Amendment of section 120 of Act of 1965.

88. Amendment of section 121 of Act of 1965.

89. Amendment of section 45 of Statute of Limitations 1957.

PART 9

Domestic Violence

90. Interpretation.

91. Amendment of section 1 of Act of 1996.

92. Amendment of definition of “the applicant” in section 2 of Act of 1996.

93. Amendment of section 3 of Act of 1996.

94. Insertion of section 8A of Act of 1996.

95. Amendment of section 9 of Act of 1996.

96. Amendment of section 13 of Act of 1996.

PART 10

Miscellaneous Consequences of Civil Partnership Registration

97. Ethics and conflict of interests.

98. Amendment of Mental Health Act 2001.

99. Pensions.

100. Amendment of the Pensions Act 1990.

101. Amendment of Criminal Damage Act 1991.

102. Amendment of Employment Equality Act 1998.

103. Amendment of Equal Status Act 2000.

104. Amendment of Powers of Attorney Act 1996.

105. Amendment of Civil Liability Act 1961.

106. Determination of questions between civil partners in relation to property.

PART 11

Nullity of Civil Partnership

107. Grant of decree of nullity.

108. Effect of decree of nullity.

108A. Custody of dependent children of civil partners after decree of nullity.

PART 12

Dissolution of Civil Partnership

109. Definitions, etc.

109A. Dissolution of civil partnership on marriage.

110. Grant of decree of dissolution.

111. Adjournment of proceedings to assist reconciliation, mediation or agreements on terms of dissolution.

112. Non-admissibility as evidence of certain communications.

113. Effect of decree of dissolution.

114. Interpretation.

115. Preliminary orders in proceedings for dissolution.

116. Maintenance pending suit orders.

117. Periodical payments and lump sum orders.

118. Property adjustment orders.

119. Miscellaneous ancillary orders.

120. Financial compensation orders.

121. Pension adjustment orders.

122. Procedural provisions respecting pension adjustment orders.

123. Rules respecting payments under schemes.

124. Payments further to orders under section 121.

125. Costs.

126. Other provisions for orders under section 121.

127. Applications for provision from estate of deceased civil partner.

128. Orders for sale of property.

129. Provisions relating to certain orders.

130. Retrospective periodical payment orders.

131. Variations etc., of certain orders.

131A. Restriction in relation to orders for benefit of dependent children of civil partners.

132. Method of making payments under certain orders.

133. Stay on certain orders being appealed.

134. Transmission of periodical payments through District Court clerk.

135. Application of maintenance pending suit and periodical payment orders to certain members of Defence Forces.

136. Amendment of Enforcement of Court Orders Act 1940.

137. Powers of court in relation to transactions intended to prevent or reduce relief.

138. Cost of mediation and counselling services.

PART 13

Jurisdiction and Other Related Matters

139. Definitions.

140. Jurisdiction and venue.

141. Notice of civil partnership law proceedings.

141A. Custody of dependent children of civil partners after decree of dissolution.

141B. Social reports.

142. Particulars of property.

143. Hearing of proceedings.

144. Conduct of proceedings.

Other Consequential Amendments, Etc.

148. Application and amendment of Pensions Act 1990.

149. Definition.

150. Amendment of section 2 of Act of 1996.

151. Amendment of section 13 of Act of 1996.

152. Amendment of section 14 of Act of 1996.

153. Amendment of section 16 of Act of 1996.

154. Amendment of section 17 of Act of 1996.

155. Amendment of section 18 of Act of 1996.

156. Amendment of section 19 of Act of 1996.

157. Amendment of section 20 of Act of 1996.

158. Definition.

159. Amendment of section 2 of Act of 1995.

160. Amendment of section 8 of Act of 1995.

161. Amendment of section 9 of Act of 1995.

162. Amendment of section 11 of Act of 1995.

163. Amendment of section 12 of Act of 1995.

164. Amendment of section 15 of Act of 1995.

165. Amendment of section 15A of Act of 1995.

166. Amendment of section 23 of Act of 1995.

167. Amendment of section 25 of Act of 1995.

168. Property rights.

169. Redress provisions.

170. Other miscellaneous provisions.

PART 15

Cohabitants

171. Definitions.

172. Cohabitant and qualified cohabitant.

173. Application for redress in respect of economically dependent qualified cohabitant.

174. Property adjustment orders.

175. Compensatory maintenance orders.

176. Attachment of earnings order.

177. Compliance with attachment of earnings order.

178. Application of sums received by clerk.

179. Statement as to earnings.

180. Notification of changes of employment and earnings.

181. Power to determine whether particular payments are earnings.

182. Persons in service of State, local authority, etc.

183. Discharge, variations and lapse of attachment of earnings order.

184. Cesser of attachment of earnings order.

185. Other remedies.

186. Enforcement.

187. Pension adjustment orders.

188. Procedural provisions respecting pension adjustment orders.

189. Rules respecting payments under schemes.

190. Payments further to orders under section 187.

191. Costs.

192. Value of benefit calculation.

193. Mediation and other alternatives to proceedings.

194. Application for provision from estate of deceased cohabitant.

195. Limitation period.

196. Jurisdiction and venue.

196A. Orders under Family Law (Maintenance of Spouses and Children) Act 1976.

197. Particulars of property.

198. Conduct of proceedings.

199. Privacy.

200. Costs.

201. Rules of court.

202. Validity of certain agreements between cohabitants.

203. Amendment of section 39 of Residential Tenancies Act 2004.

204. Amendment of section 47 of Civil Liability Act 1961.

205. Amendment of Powers of Attorney Act 1996.

206. Transitional provision — redress orders.

207. Transitional provision — agreements.

PART 16

Miscellaneous

208. Saver in relation to rights of others.

SCHEDULE

Consequential Amendments to Other Acts

PART 1

Conflicts of Interests Provisions

PART 2

Pensions Provisions

PART 3

Property Rights Provisions

PART 4

Redress Provisions

PART 5

Miscellaneous Provisions

Acts Referred to

Abattoirs Act 1988	1988, No. 8
Agricultural Credit Act 1978	1978, No. 2
Agriculture Act 1931	1931, No. 8
Air Navigation and Transport (Amendment) Act 1998	1998, No. 24
Air Navigation and Transport (International Conventions) Act 2004	2004, No. 11
Aliens Act 1935	1935, No. 14
Aviation Regulation Act 2001	2001, No. 1
Bankruptcy Act 1988	1988, No. 27
Building Societies Act 1989	1989, No. 17
Central Bank Act 1942	1942, No. 22
Central Bank Act 1989	1989, No. 16
Central Bank and Financial Services Authority of Ireland Act 2003	2003, No. 12
Central Bank and Financial Services Authority of Ireland Act 2004	2004, No. 21
Civil Legal Aid Act 1995	1995, No. 32
Civil Liability (Amendment) Act 1996	1996, No. 42
Civil Liability Act 1961	1961, No. 41
Civil Liability and Courts Act 2004	2004, No. 31
Civil Registration Act 2004	2004, No. 3
Commission to Inquire into Child Abuse (Amendment) Act 2005	2005, No. 17
Companies Act 1963	1963, No. 33
Companies Act 1990	1990, No. 33
Company Law Enforcement Act 2001	2001, No. 28
Consumer Credit Act 1995	1995, No. 24
Consumer Protection Act 2007	2007, No. 19
Conveyancing Act 1882	45 & 46 Vict., c. 39
Courts (Supplemental Provisions) (Amendment) Act 1991	1991, No. 23
Courts of Justice and Court Officers (Superannuation) Act 1961	1961, No. 16
Credit Union Act 1997	1997, No. 15
Criminal Assets Bureau Act 1996	1996, No. 31
Criminal Damage Act 1991	1991, No. 31
Criminal Justice Act 1999	1999, No. 10
Defence Act 1954	1954, No. 18
Defence (Amendment) Act 2007	2007, No. 24
Digital Hub Development Agency Act 2003	2003, No. 23
Disability Act 2005	2005, No. 14
Domestic Violence Act 1996	1996, No. 1
Domestic Violence Acts 1996 and 2002
Electoral Act 1992	1992, No. 23
Electricity (Supply) (Amendment) Act 1958	1958, No. 35
Electricity (Supply) (Amendment) Act 1970	1970, No. 5
Employment Equality Act 1998	1998, No. 21
Enforcement of Court Orders Act 1926	1926, No. 18
Enforcement of Court Orders Act 1940	1940, No. 23
Equal Status Act 2000	2000, No. 8
Ethics in Public Office Act 1995	1995, No. 22
Family Law (Divorce) Act 1996	1996, No. 33
Family Law (Maintenance of Spouses and Children) Act 1976	1976, No. 11
Family Law Act 1995	1995, No. 26
Farm Tax Act 1985	1985, No. 17
Food Safety Authority of Ireland Act 1998	1998, No. 29
Garda Síochána (Compensation) Act 1941	1941, No. 19
Garda Síochána Act 2005	2005, No. 20
Gas (Interim) (Regulation) Act 2002	2002, No. 10
Grangegorman Development Agency Act 2005	2005, No. 21
Great Southern Railways Company (Superannuation Scheme) Act 1947	1947, No. 21
Harbours Act 1946	1946, No. 9
Harbours Acts 1946 to 2005
Health (Amendment) Act 2005	2005, No. 3
Health (Miscellaneous Provisions) Act 2001	2001, No. 14
Health (Nursing Homes) (Amendment) Act 2007	2007, No. 1
Health (Nursing Homes) Act 1990	1990, No. 23
Health Act 1970	1970, No. 1
Health Act 2004	2004, No. 42
Housing Act 1988	1988, No. 28
Housing (Miscellaneous Provisions) Act 1979	1979, No. 27
Housing (Miscellaneous Provisions) Act 2002	2002, No. 9
Housing (Private Rented Dwellings) (Amendment) Act 1983	1983, No. 22
Housing (Private Rented Dwellings) Act 1982	1982, No. 6
Industrial Development (Science Foundation Ireland) Act 2003	2003, No. 30
Insurance Act 1989	1989, No. 3
Insurance Act 2000	2000, No. 42
Investor Compensation Act 1998	1998, No. 37
Irish Horse Racing Industry Act 1994	1994, No. 18
Judgements (Ireland) Act 1844	1844, c. 90
Land Act 1931	1931, No. 11
Land Act 1933	1933, No. 38
Land Act 1936	1936, No. 41
Land Act 1965	1965, No. 2
Local Authorities (Higher Education Grants) Act 1968	1968, No. 24
Local Authorities (Higher Education Grants) Act 1992	1992, No. 19
Local Government (Superannuation) Act 1980	1980, No. 8
Local Government Act 1941	1941, No. 23
Local Government Act 2001	2001, No. 37
Mental Health Act 2001	2001, No. 25
Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001	2001, No. 33
Ministerial and Parliamentary Offices Act 1938	1938, No. 38
National Development Finance Agency Act 2002	2002, No. 29
National Minimum Wage Act 2000	2000, No. 5
National Sports Campus Development Authority Act 2006	2006, No. 19
Non-Fatal Offences Against the Person Act 1997	1997, No. 26
Occasional Trading Act 1979	1979, No. 35
Oireachtas (Allowances to Members) Act 1938	1938, No. 34
Oireachtas (Allowances to Members)(Amendment) Act 1968	1968, No. 8
Organisation of Working Time Act 1997	1997, No. 20
Partition Act 1868	1868, c. 40
Partition Act 1876	1876, c. 17
Pensions (Amendment) Act 1996	1996, No. 18
Pensions (Amendment) Act 2002	2002, No. 18
Pensions Act 1990	1990, No. 25
Pharmacy Act 2007	2007, No. 20
Pilotage Order Confirmation Act 1927	1927, No. 1(P)
Planning and Development Act 2000	2000, No. 30
Powers of Attorney Act 1996	1996, No. 12
Presidential Establishment Act 1938	1938, No. 24
Presidential Establishment (Amendment) Act 1991	1991, No. 10
Private Security Services Act 2004	2004, No. 12
Prosecution of Offences Act 1974	1974, No. 22
Railway Safety Act 2005	2005, No. 31
Refugee Act 1996	1996, No. 17
Registration of Deeds and Title Act 2006	2006, No. 12
Registration of Title Act 1964	1964, No. 16
Residential Institutions Redress Act 2002	2002, No. 13
Residential Tenancies Act 2004	2004, No. 27
Sea-Fisheries and Maritime Jurisdiction Act 2006	2006, No. 8
Social Welfare (Miscellaneous Provisions) Act 2004	2004, No. 9
Social Welfare Acts
Social Welfare and Pensions Act 2007	2007, No. 8
Social Welfare and Pensions Act 2008	2008, No. 2
Solicitors (Amendment) Act 1994	1994, No. 27
Statistics Act 1993	1993, No. 21
Statute of Limitations 1957	1957, No. 6
Succession Act 1965	1965, No. 27
Sustainable Energy Act 2002	2002, No. 2
Taxes Consolidation Act 1997	1997, No. 39
Transport (Railway Infrastructure) Act 2001	2001, No. 55
Trustee Savings Banks Act 1989	1989, No. 21
Unfair Dismissals Act 1977	1977, No. 10
Valuation Act 2001	2001, No. 13
Vocational Education Act 1930	1930, No. 29

Number 24 of 2010

CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

REVISED

Updated to 22 June 2023

AN ACT TO PROVIDE FOR THE REGISTRATION OF CIVIL PARTNERS AND FOR THE CONSEQUENCES OF THAT REGISTRATION, TO PROVIDE FOR THE RIGHTS AND OBLIGATIONS OF COHABITANTS AND TO PROVIDE FOR CONNECTED MATTERS.

[19th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Application of Act extended (31.07.2013) by Personal Insolvency Act 2012 (44/2012), ss. 69(4) and 104(4), S.I. No. 285 of 2013.

Principal private residence in Debt Settlement Arrangement.

69.— ...

(4) A Debt Settlement Arrangement shall not contain terms providing for a disposal of the debtor‘s interest in the principal private residence unless:

(a) the debtor has obtained independent legal advice in relation to such disposal or, having been advised by the personal insolvency practitioner to obtain such legal advice, has declined to do so; and

(b) to the extent that the provisions of the Family Home Protection Act 1976 or the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 apply to the property, all relevant provisions of those Acts are complied with.

...

Principal private residence in Personal Insolvency Arrangement.

104. — ...

(4) A Personal Insolvency Arrangement shall not contain terms providing for a disposal of the debtor‘s interest in the principal private residence unless—

Editorial Notes:

Court may at its discretion discharge a safety, barring, interim barring, emergency barring or protection order when determining annulment or dissolution proceedings under this Act as prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(3)(b), S.I. No. 532 of 2018.

Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017, s. 2, S.I. No. 591 of 2017.

Certain disposals made by virtue of or in consequence of an order made under Act on or following a decree of dissolution confirmed exempt from capital gains tax by Taxes Consolidation Act 1997 (39/1997), s. 1031O(1)(a), as inserted (for year of assessment 2011 and subsequent years of assessment) by Finance (No. 3) Act 2011 (18/2011), s. 1(1), in effect as per s. 5(8)(c), and substituted (for year of assessment 2011 and subsequent years of assessment) by Finance Act 2013 (8/2013), s. 103(1)(f), commenced as per s. 103(3)(a).

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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010