Civil partnership is for same sex couples and when they register their civil partnership, they will have broadly the same rights and obligations that spouses have towards each other. Civil partners can have their civil partnership dissolved and it is similar to divorce, in that the Court can make other orders such as maintenance orders, property orders to ensure the civil partners are properly provided for. In order to have a civil partnership dissolved in Ireland:
- The couple must have lived apart for at least two years during the previous three years
- Proper arrangements must have been made or will be made for the civil partners
The Court can make Orders known as ancillary reliefs in relation to the following:
- Maintenance for the dependant spouse
- The right of residence/ ownership/ transfer/ sale of the family home
- The ownership/transfer/sale of any other property owned by the couple
- Life policies and pension
- Succession rights
The “factors” that the Court will take into account include:
- The income, earning capacity and financial resources of the couple
- The standard of living enjoyed by the family
- The ages of the civil partnership and length of the civil partnership
- The contributions made, through work outside of or within the home to the welfare of the family
- The conduct of either civil partner
- Accommodation needs of the family
Having a civil partnership dissolve can be a difficult and stressful time. Please contact Margaret Fortune by email or 051 840001 for confidential and impartial advice or any questions and queries that you may have.