Law Reform Commission
In December 2000, as part of the Second Programme of Law Reform, the Government requested the Law Reform Commission of Ireland to examine the Rights and Duties of co-habitees. In April 2004, the commission published a consultation paper with provisional recommendations on legal issues related to cohabiting relationships. The report included an analysis of issues for same-sex couples. Following responses, the final report was launched in December 2006 by Justice Minster Michael McDowell.
The consultation proposals called for legal 'presumed' recognition of qualifying cohabiting relationships. Qualifying Cohabitees were defined as unmarried same-sex or opposite-sex cohabiting couples in a 'marriage-like' relationships of 2 years (or 3 years in some cases), to be determined by the courts.
The commission reviewed such areas as property, succession, maintenance, pensions, social welfare and tax and recommended some changes in the law to provide rights for qualifying co-habitees. These rights would be applied by the court on application as distinct from the 'automatic' rights of legal marriage. The commission took care not to propose anything which would equate co-habitation with marriage due to concerns that such a proposal might violate the constitutional protection of the family.
The paper also included recommendations on other steps that cohabiting couples should take such writing wills, defining power of attorney, etc.
Read more about this topic: Recognition Of Same-sex Unions In The Republic Of Ireland
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