The Civil Partnership Act
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The Civil Partnership and Certain Rights and Obligations of Cohabitants Act was signed into Irish Law in 2010. It was introduced to address the growing number of non-married cohabiting couples in Ireland, which currently make up 11% of family households. It is a wide-ranging Act, that is considered a landmark new departure in Irish Family and Separation Law. Containing 118 pages, with over 200 sections and 130 amendments to legislation, it is also one of the most complex Acts passed in Irish Legal history.
Before the introduction of this Act, same-sex and unmarried co-habiting couples had little or no legal status in Ireland, pertaining to both separation rights and benefits of partnership. While a civil partnership does not have the full legal status of marriage, it provides important rights to same-sex and cohabiting non-married couples in areas such as death, separation, maintenance, social welfare and taxation, which previously did not exist
However, significantly, the Act does not include legislation regarding children in the breakdown of a civil partnership. This has been seen by some as a mistake, pointing out that this will cause more trouble and stress during separation.
The Act contains many stringent qualification guidelines as to what defines a co-habiting couple, which must be satisfied before a civil partnership is authorised, as well as conditions regarding the annulment of a civil partnership. Significantly, foreign legal partnerships are included in the Act, but these are also subject to strict terms and regulations.
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