Background The Marriage Act 2015 allows couples to marry without distinction as to their sex. It followed the amendment to the Constitution passed by referendum on 22 May 2015, inserting Article 41.4 of the Constitution. The Referendum provided that “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.”. The Act commenced on 16 November 2015. This date […]
Place of Marriage The well-established principle is that the formalities of marriage are governed by the place where the marriage ceremony takes place. The validity is determined by the laws of that jurisdiction only. Even if a marriage might be valid in the same circumstances domestically, it would be invalid if not valid in accordance with the laws of the place where the marriage is […]
Procedure The Civil Registration Act has modernised the law in relation to the registration of marriage. Notice must be given to the registrar of the intention to marry at least three months in advance of the intended date. The couple must attend at the registrar’s office or other designated place at least five days before the marriage and sign a declaration to confirm that there […]
Background Civil partnership legislation has been progressively introduced in Western European countries throughout the start of the 21st century. It was introduced in England and Wales in 2005. It provided recognition for relationships between same-sex couples. It did not go so far as to provide equivalent rights to marriage. However, civil partners are treated like spouses to a very considerable extent. On 1 January 2011, the […]
Background Until 2010 cohabitation in a medium to long-term relationship had no status under Irish laws. Unless the parties in the relationship were married, they enjoyed no succession, maintenance or property rights other than those that would arise between unrelated strangers. The law does not recognise common law relationships. The position applied to same-sex couples and couples of the opposite sex. The Constitution’s protection of […]
Void and Voidable The distinction between a void and voidable marriage is important. A void marriage is void at and from the outset. It is a nullity and deemed always to have been of no effect. A voidable marriage is void only from the date of a decree of nullity. It may become impossible to nullify a voidable marriage by reason of later circumstances. It […]
Common Law Marriage at common law is the union of one man and one woman to the exclusion of all others for life. The legal formalities for marriage must be followed. The marriage must be voluntarily contracted. The institution of marriage is protected by the Constitution. The courts had rejected attempts to recognise same-sex marriage. Following a 2015 amendment to the Constitution, same sex marriage […]