Home News Cohabiting couples in Laois urged to make wills

Cohabiting couples in Laois urged to make wills

There are 2,622 cohabiting couples living in Laois who do not have the same legal rights as married couples or civil partnerships.

The warning comes from the Law Society of Ireland (LSI), as latest figures show that the number of cohabiting couples nationwide is on the rise.

There were 1.22 million families in Ireland on census night 2016, with 152,302 couples listed as cohabiting, an increase of 6% since 2011. In Laois, well over half of cohabiting couples have children.

Cohabitants are defined as two adults living in a long term committed relationship, sharing expenses, possibly with children but not in a legal union, whether same-sex or heterosexual.

Generally, to be considered as a cohabiting couple, people must have lived together for five years, or two years if they have a child together.

Cohabiting couples do not have the same rights as married couples or civil partnerships. However, under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, some do hold some legal rights in relation to their cohabitant partner.

According to Keith Walsh, chairperson of the LSI family law committee, Ireland has one of the most progressive laws for cohabitants in Europe and is way ahead of the UK, but there are still very important issues to consider.

He said: “Many people mistakenly think there is something called ‘common law’ husband or wife. This doesn’t exist.

“Also, in cases since the 2010 act, most cohabitants did not realise that they had rights following the breakdown of the relationship or death of their partner.”

He added: “If you are a cohabitant who qualifies for rights, then you could apply for maintenance for yourself, for part of your partners pension, for inheritance-type rights if your partner dies, for rights in relation to property, whether jointly owned or not. There are time limits for these rights, so it is important you talk to your solicitor straight away.”

Mr Walsh also stressed that cohabitants should make a will as, unlike a married couple or civil partnership, there is no automatic right of inheritance on the death of either partner in a cohabiting relationship.

Making a will ensures that property and other possessions go to the people that you choose.

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