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