What is a Civil Partner?

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 now permits the registration of same-sex partnerships calling them Civil Partnership.
This creates a need for people entering in to a Civil Partnership to understand the legal implications that are involved for each other , for property and asset rights and Succession rights.
We suggest that to support the relationship, advice be sought early from an expert Civil Partnership solicitor, such as those at Neil J. Butler & Co.- we mean this should be done at the outset of the decision to commit to each other. In that way, there can be a clear understanding by both Partners.
This registration of a Civil Partnership with the State is similar to registering a marriage and once such a partnership is registered it can only be dissolved by the death of a partner or with the permission of the Court, much like a Divorce Order.

What Rights Does My Civil Partner Have ?

Once you have entered a Civil Partnership, your Civil partner and you will have rights very similar to those of a married couple. These rights include:

  • Statutory protection for your shared home so that one Civil Partner cannot mortgage or sell that property without the consent of the other, no matter that it may be owned by one of them
  • The right to apply for maintenance payments either during the course of the Civil partnership or as part of a Court Order dissolving the relationship.
  • The right to inherit part of the estate of any Civil partner who dies
  • Pension entitlements
  • Statutory protections against domestic violence including the right to apply for Barring Orders and Protection Orders

What Happens If A Civil Partnership Breaks Down?

If a Civil Partnership breaks down, then either Civil Partner now has a right to apply to Court for Orders similar to those which might be obtained in the event of a marriage breakdown. To fully understand your rights , get the advice of the Civil Partnership solicitors at Neil J. Butler & Co .
These Orders include:

  • Maintenance by way of periodic payments
  • Lump sum Orders
  • Orders for the sale of property
  • Orders confirming Succession Rights

If it is necessary for one Civil Partner to bring such a Court Application, it can only be done in the following instances:

  • At the date the Court application is made, the civil partners must have lived apart from one another for a period of at least two years during the previous three years
  • That proper provision can be made for both civil partners having regard to their circumstances

Don’t forget …………!
If you are going through or have completed a Separation , Divorce or a relationship breakdown, then the plain fact is you are on your own. Even if you have the care of the children, you are the one that must think about what happens in the event of your death.
You have made all the other arrangements to divide assets and so on – DON’T FORGET THAT unless you make a Will which sets out what is to happen to your assets, the SUCCESSION ACT 1965 forces them to go in certain directions. It may not be what you have in mind , so ask us at Neil J. Butler & Co. to help you.
Look at our information on Wills.
You should also look at our information on Enduring Powers of Attorney – which allows you help yourself , in the event you become disabled.
Contact Us Today
To discuss your Civil Partnership queries and worries,,
Complete Free Enquiry Form, email neil@njbutler.ie or call on 0504-24173