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
No comments:
Post a Comment