Consultation Paper On The Rights and Duties of Cohabiters By The Law Reform Commission 2004
In this consultation paper the Law Reform Commission suggested a scheme whereby same sex and opposite sex couples who lived together for 3 years (2 years if they have a child) could make arrangements or sign a legally binding contract in regards to taxation, pensions, inheritance, custody and other matters between themselves. Married couples automatically have a wide range of rights, protections and duties under law. Same sex couples who cannot marry and opposite sex couples who live together but who choose not to marry do not benefit from many of these rights unless specifically provided so by law. There are very few such rights conferred by law to such couples. The consultation paper did not propose a schemes such as civil partnership or domestic partnership that exist in other countries, as this would prescribe a fixed bundle of rights and duties. Instead each couple would be free sign a cohabiting contract that would have the force of law. On the death or break up of a relationship one or both of the parties could apply to court to get various court orders for payment or property if they are economically dependent. The report recommended that cohabiting couples should have the right to opt out of this arrangement but the courts could lay aside this opt-out if it was judged that this opt-out would cause injustice to a former cohabitant.
Read more about this topic: List Of Laws And Reports On LGBT Rights In Ireland
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