Cohabitation Agreements - the basics

Who should be looking at putting a Cohabitation Agreement in place? The short answer is everyone who is cohabiting!

Following on from my post here last week, this is an overview of who is eligible to apply for relief under the Act:

1.                A cohabitant is one of 2 adults, of the same or opposite sex, who live together in a committed and intimate relationship. 

2.                  You are a “qualified cohabitant” if you have been living together for either 2 years if you have a child or children together, or 5 years if you have no children together.

3.                  If either cohabitant is married, they must have been living apart from his or her spouse for 4 out of the previous 5 years.

4.                  The courts will look at a number of specified factors in considering whether or not the parties are cohabitants including: the duration of the relationship; the basis on which the parties are or were living together; the degree of financial dependence of one party on the other; the degree and nature of financial arrangements between the parties; whether or not there are dependent children; the degree to which the parties present themselves as a couple.

The types of orders which the Court can make are as follows:

1.                  Property adjustment orders – the Court can order the transfer of property from one party to the other. It can also settle or vary any property issues referred to in a Cohabitation Agreement.  

2.                  Maintenance payments, either by periodic or lump sum payments.

3.                  Pension adjustment orders – this would provide for payment of part of the benefits which might arise out of one cohabitant’s membership of a pension scheme e.g. retirement benefits, benefits payable on the death of the member of the pension scheme, etc.

4.                  Payments out of the estate of a cohabitant on his or her death – as long as the relationship did not end more than 2 years before the cohabitant’s death the surviving cohabitant can apply for a payment out of the estate of the deceased cohabitant in certain circumstances, whether or not there was provision for the applicant in the Will of the deceased cohabitant.

As you can see, the orders which can be made can have quite a far-reaching effect. It is extremely important for anyone who is cohabiting to take a really good look at their situation and put an agreement in place. If you’re not sure whether you need one why not give us a call or send an email.

Maria O’ Donovan, Associate Solicitor

Wolfe & Co., Market Street, Skibbereen, Co. Cork

Tel: 028 21177

www.wolfe.ie

Maria.odonovan@wolfe.ie

Cohabitation Agreements - where's the romance in that?

So, you’ve been with your boyfriend or girlfriend for a few months or maybe years. It’s all going so well and now he’s asked you to move in with him! It’s so exciting and romantic! But wait, what’s this about going to the solicitor’s office and signing a document that tells you what’s going to happen when the relationship turns sour and you split up? Suddenly, not so romantic anymore.

Since one of the longest titled pieces of law came into operation (Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 to be exact) on 1^st January 2011, unmarried couples who live together have either become eligible for the redress scheme in the Act, or began accruing rights and obligations.

Essentially, if you are a couple and you have lived together for a certain length of time, and one of you is financially dependent on the other, you may be entitled to financial redress at the end of your relationship. This can include maintenance, property adjustment orders, pension adjustment orders and provision for payment out of your former partners’ estate on death.

The law also allows for couples to enter into an agreement where you can clearly state what you want to happen in the event that you separate in the future. This is a bit like a prenuptial agreement.

Think of it like a contract (unromantic I know – sorry!). When you get engaged you know that you will be getting married at the end of your engagement and that you will, as a married person, have certain rights and obligations. Well, now the law also provides that as soon as you start living with someone you start accruing certain rights and obligations. Doesn’t it make sense that you would know at the beginning exactly what those rights and obligations are, so that if it all goes pear-shaped at least you know you won’t be fighting to keep your house / money / pension etc.?

Maria O’ Donovan, Associate Solicitor

Wolfe & Co., Market Street, Skibbereen, Co. Cork

Maria.odonovan@wolfe.ie
See www.wolfe.ie for more information.

Desperate to separate for peace sake!

You may have read in last week’s papers that domestic violence applications have increased by 50% over the last couple of years. At the same time, family lawyers are aware that applications for separation and divorce are decreasing at practically the same rate. Two questions arise: firstly, why is this happening, and secondly, why is this so bad for the family?

Taking the important second question first, research has shown that it is not necessarily the separation itself that creates damage for families and children. Instead, it is the level of conflict before, during and after that wreaks the most damage. In the current recessionary climate families are struggling under huge financial burdens and constraints to survive in one home. This results in hugely increased levels of tension and high levels of conflict, resulting in the shocking increase in domestic violence applications.

Returning to the first question: Why is it happening? It is because families in crisis believe that in the current financial constraints they don’t have the option of a “normal” separation. Again there are two parts to this: firstly, they believe they have no options because they can’t sell property and / or their mortgage is too high, and secondly, they believe that they can’t afford legal fees.

We have all heard the old saying that “there are many ways to skin a cat”. In our offices we can offer many different options to suit all circumstances, including budget constraints. We use “brainstorming” to try to produce creative and workable solutions for you even in a situation which might feel unsolvable or hopeless.

We can provide set price packages to work with you through your separation or divorce. Discuss a workable package with your family lawyer. Payment by instalments is always a practical option.

There was never a better time to get good value. The potential result for you could be an effective, peaceful and family-focused solution.

Helen Collins, Partner

Wolfe & Co. Solicitor
See www.wolfe.ie for more information

Helen.collins@wolfe.ie

Facebook and the law: Part 1

Facebook and the Law: Part 1

Facebook has become a part of daily life for millions of people over the last few years. It’s only natural then that it would start to become more and more relevant to the legal world too. In what way is this happening?

1.                  “Anything you say (online) may be used as evidence against you in a court of law”. We need to be really careful about what we say and post online. Note the case earlier this year of the taxi driver who posted a video of someone leaving his taxi without paying. A novel idea in itself of trying to get people to pay their debts in difficult times. But some bright spark incorrectly identified the non-payer, paving the way for days of litigation in the High Court, with multiple defendants all having to pay large legal teams to show why they weren’t at fault. As Mr. Justice Peart said, the combined costs of the legal team would have bought a very decent house in any part of the country. (Nice work if you can get it!). See McKeogh –v- John Doe 1 & Others [2012] IEHC 95.

2.                  If you’re already involved in legal proceedings, facebook can be used to prove or disprove your claims. So if you’re claiming that you are seriously injured and unable to work, but the photos on your facebook page show that you’ve been living it up recently, don’t expect a great day in court. And do expect that someone will be looking!

3.                  Are you allowed to use facebook at work? Does your employer have a policy for internet / social media use? If they do, do you know about it? You could be at risk of disciplinary action. Or maybe as an employer you're sick of employees spending your time on social media sites and want to know what you can do about it. Maybe you want employees to spend more time on social media sites (if they’re promoting your business that is).

This is just a brief observation of the way facebook has reached into our legal lives. More to follow shortly.

Maria O’ Donovan, Associate Solicitor

Wolfe & Co., Market Street, Skibbereen, Co. Cork

Maria.odonovan@wolfe.ie
See www.wolfe.ie for more information

Frustrated solicitor!

This morning was another example of how frustrating our Court system can be! Having spent 3 years preparing a case for trial I was eventually given a scheduled hearing date for this week. The case is not a local one so travel arrangements had to be made, both for me and for my clients who would be coming from the UK. At the last minute, the other party requested an adjournment, saying that he had a hospital appointment for the same day. As the case had not been listed for hearing before I could jump up and down and object about delaying tactics as much as I like, the chances are a request for an adjournment will be granted.

While I wouldn’t begrudge anyone a visit to their doctor – hospital waiting lists are another frustration of modern life in Ireland – that it fell on the same day as the trial date was annoying to say the least. It doesn’t seem entirely unreasonable to think that if a case can’t go ahead on a Tuesday, maybe it could be dealt with on another day in the same week. Not in our system – an adjournment means that your case gets put back to the next list. In a rural court venue, the next list could be six months later.

In my case I suppose I’m lucky. The case should be dealt with at the end of January. But - can I guarantee this for my clients? No. Can I tell them to book their flights (again) for a specified date? No, as I won’t know what date the case will be listed for again until probably mid-January. The best I can tell them is that I hope the case will be listed in January, and I hope that no further requests for adjournments are made. How satisfactory is this?

Maria O’ Donovan

Wolfe & Co. Solicitors, Market Street, Skibbereen, Co. Cork

Maria.odonovan@wolfe.ie

Squatters Rights

Adverse Possession – the main points

On the topic of our recent Facebook post here is a brief summary of the main points that apply in a case of adverse possession, or “squatters rights”.

• 12 year period needed to establish legal title.
• There must be physical possession of the property.
• There must not be permission to be on the property from the legal owner at any stage.
• There can’t be any secrecy about the possession or occupation – use of the property must be open and visible.
• If you are the property owner, and someone has entered onto your land, you should try to have them sign an agreement, or otherwise carry out some act to show your ownership.
• If you are the person claiming squatters rights, and you have had 12 years unbroken occupation, then you should make an application to the Land Registry to have the title transferred to you. 

Wolfe & Co. Solicitors

Market Street

Skibbereen

Co. Cork

Tel: 028 21177

Email: info@wolfe.ie