Cohabitants' Rights
Written in plain language for general understanding. This is educational content, not legal advice. Based on Irish Acts of the Oireachtas, statutory instruments, and official guidance.
Irish National Law
What is this right?
If you live with your partner without being married or in a civil partnership, you are a "cohabitant" under Irish law. Since the 2010 Act, qualifying cohabitants have limited but important rights:
- A qualified cohabitant is someone who has lived with their partner for at least 5 years (or 2 years if there is a child of the relationship).
- On the breakdown of the relationship, a qualified cohabitant can apply to the court for a property adjustment order, compensatory maintenance order, or pension adjustment order.
- If a cohabitant dies without a will, the surviving cohabitant can apply for provision from the estate (the court has discretion — there is no automatic right).
Cohabitants do not have the same automatic rights as spouses — they must apply to the court.
When does it apply?
- You have been living with a partner in an intimate and committed relationship for the qualifying period.
- The application must generally be made within 2 years of the relationship ending (or within 6 months of the death of the other cohabitant).
- The court considers factors including: duration, basis on which the couple lived together, financial contributions, child-rearing responsibilities, and the degree of financial dependence.
- Cohabitants can also enter a cohabitants' agreement — a contract setting out financial arrangements, which the court will usually uphold.
What should you do?
- Consider entering a cohabitants' agreement — this is the most effective way to protect both parties. Both should get independent legal advice.
- If the relationship has ended and you are financially dependent, apply to the Circuit Court for a redress order within 2 years.
- If your partner has died, apply within 6 months of the grant of probate or administration.
- Seek legal advice early — the time limits are strict.
What should you NOT do?
- Don't assume you have the same rights as a married couple — cohabitants have more limited entitlements and must prove their case.
- Don't miss the time limits — 2 years from the end of the relationship, or 6 months from probate.
- Don't confuse cohabitation with civil partnership — they are legally distinct, and civil partners have fuller statutory rights.
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