Civil Partnership

Table of Contents

CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

REVISED

Updated to 22 June 2023

This Revised Act is an administrative consolidation of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 (15/2023), enacted 22 June 2023, and all statutory instruments up to and including the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (Commencement) Order 2023 (S.I. No. 321 of 2023), made 21 June 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 24 of 2010

CIVIL PARTNERSHIP AND CERTAIN RIGHTS AND OBLIGATIONS OF COHABITANTS ACT 2010

REVISED

Updated to 22 June 2023

AN ACT TO PROVIDE FOR THE REGISTRATION OF CIVIL PARTNERS AND FOR THE CONSEQUENCES OF THAT REGISTRATION, TO PROVIDE FOR THE RIGHTS AND OBLIGATIONS OF COHABITANTS AND TO PROVIDE FOR CONNECTED MATTERS.

[19th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Application of Act extended (31.07.2013) by Personal Insolvency Act 2012 (44/2012), ss. 69(4) and 104(4), S.I. No. 285 of 2013.

Principal private residence in Debt Settlement Arrangement.

69.— …

(4) A Debt Settlement Arrangement shall not contain terms providing for a disposal of the debtor‘s interest in the principal private residence unless:

(a) the debtor has obtained independent legal advice in relation to such disposal or, having been advised by the personal insolvency practitioner to obtain such legal advice, has declined to do so; and

(b) to the extent that the provisions of the Family Home Protection Act 1976 or the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 apply to the property, all relevant provisions of those Acts are complied with.

…

Principal private residence in Personal Insolvency Arrangement.

104. — …

(4) A Personal Insolvency Arrangement shall not contain terms providing for a disposal of the debtor‘s interest in the principal private residence unless—

Editorial Notes:

E1
Court may at its discretion discharge a safety, barring, interim barring, emergency barring or protection order when determining annulment or dissolution proceedings under this Act as prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(3)(b), S.I. No. 532 of 2018.

E2
Proceedings under Act included in definition of “family law proceedings” (1.01.2018) by Mediation Act 2017 (27/2017, s. 2, S.I. No. 591 of 2017.

E3
Certain disposals made by virtue of or in consequence of an order made under Act on or following a decree of dissolution confirmed exempt from capital gains tax by Taxes Consolidation Act 1997 (39/1997), s. 1031O(1)(a), as inserted (for year of assessment 2011 and subsequent years of assessment) by Finance (No. 3) Act 2011 (18/2011), s. 1(1), in effect as per s. 5(8)(c), and substituted (for year of assessment 2011 and subsequent years of assessment) by Finance Act 2013 (8/2013), s. 103(1)(f), commenced as per s. 103(3)(a).

PART 1

Preliminary and General

Short title, commencement and collective citation.

1.— (1) This Act may be cited as the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

(2) This Act, other than Part 3, shall come into operation on the day or days that the Minister may appoint by order either generally or with reference to a particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Part 3 shall come into operation on the day or days that the Minister may, after consulting with the Minister for Social Protection, appoint by order either generally or with reference to a particular purpose or provision.

Annotations

Editorial Notes:

E4
Power pursuant to section exercised (23.12.2010 and 1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Commencement) Order 2010 (S.I. No. 648 of 2010).

3. (1) Subject to paragraph (2), the Act shall come into operation on the 1st day of January 2011.

(2) Section 5, and so much of the other provisions of the Act as are necessary for the purposes of giving effect to section 5, shall come into operation on the 23rd day of December 2010.

Interpretation.

2.— In this Act—

“civil partnership registration” means registration of a civil partnership under section 59D (as inserted by section 16 of this Act) of the Civil Registration Act 2004;

F1[“dependent child” means a child who is—

(a) under the age of 18 years, or

(b) 18 years of age or over and—

(i) is, or will be or, if an order were made under this Act providing for periodical payments for his or her support, would be receiving full-time education or instruction at any university, college, school or other educational establishment and is under the age of 23 years, or

(ii) is suffering from mental or physical disability to such extent that it is not reasonably possible for him or her to maintain himself or herself fully;

“dependent child of the civil partners”, in relation to a couple who are civil partners of each other, or either of those civil partners, means a dependent child—

(a) of both civil partners, or adopted by both civil partners under the Adoption Act 2010, or in relation to whom both civil partners are in loco parentis, or

(b) of either civil partner, or adopted by either civil partner under the Adoption Act 2010, or in relation to whom either civil partner is in loco parentis, where the other civil partner, being aware that he or she is not the parent of the child, has treated the child as a member of the family;]

“Land Registry” has the meaning assigned to it by the Registration of Title Act 1964;

“Minister” means the Minister for Justice and Law Reform;

“Property Registration Authority” has the meaning assigned to it by the Registration of Deeds and Title Act 2006;

“Registry of Deeds” has the meaning assigned to it by the Registration of Deeds and Title Act 2006.

Annotations

Amendments:

F1
Inserted (18.01.2016 and 2.11.2017) by Children and Family Relationships Act 2015 (9/2015), s. 135, S.I. No. 12 of 2016, art. 3(g) and S.I. No. 474 of 2017, art. 3(c)

Civil partners.

3.— For the purposes of this Act a civil partner is either of two persons of the same sex who are—

(a) parties to a civil partnership registration that has not been dissolved or the subject of a decree of nullity, or

(b) parties to a legal relationship of a class that is the subject of an order made under section 5 that has not been dissolved or the subject of a decree of nullity.

PART 2

Status of Civil Partnership

Declarations of civil partnership status.

4.— (1) The court may, on application to it in that behalf by either of the civil partners or by any other person who, in the opinion of the court, has a sufficient interest in the matter, make one or more of the following orders in relation to a civil partnership:

(a) an order declaring that the civil partnership was at its inception a valid civil partnership;

(b) an order declaring that the civil partnership subsisted on a date specified in the application; and

(c) an order declaring that the civil partnership did not subsist on a date specified in the application other than the date of its inception.

(2) The court may only make an order under subsection (1) if one of the civil partners—

(a) is domiciled in the State on the date of the application,

(b) has been ordinarily resident in the State throughout the period of one year immediately preceding the date of the application, or

(i) was at the time of death domiciled in the State, or

(ii) had been ordinarily resident in the State throughout the period of one year immediately preceding the date of death.

(3) The other civil partner, the civil partners concerned, or the personal representative within the meaning of the Succession Act 1965 of the civil partner or each civil partner shall be joined in proceedings under this section and the court may order that notice of the proceedings be given to any other person that the court may specify.

(4) Where notice of proceedings under this section is given to a person, the court may, of its own motion or on application to it in that behalf by the person or a party to the proceedings, order that the person be added as a party to the proceedings.

(5) Where a party to proceedings under this section alleges that the civil partnership concerned is void and should be the subject of a decree of nullity of civil partnership, the court may treat the application under subsection (1) as an application for a decree of nullity of civil partnership and proceed to determine the matter accordingly and postpone the determination of the application made under subsection (1).

(6) An order under subsection (1) is binding on the parties to the proceedings concerned and on a person claiming through such a party.

(7) An order under subsection (1) does not prejudice any person if it is subsequently proved to have been obtained by fraud or collusion.

(8) Rules of court may make provision as to the information to be given in an application for an order under subsection (1), including particulars of any previous or pending proceedings in relation to the civil partnership or to the civil partnership status of a civil partner.

(9) The registrar of the court shall notify an tArd-Chláraitheoir of an order under subsection (1).

(10) In this section a reference to a civil partner includes a reference to a person who was a civil partner until the dissolution of the civil partnership or until the civil partnership was annulled by decree of nullity.

Recognition of registered foreign relationships.

5.— (1) The Minister may, by order, declare that a class of legal relationship entered into by two parties of the same sex is entitled to be recognised as a civil partnership if under the law of the jurisdiction in which the legal relationship was entered into—

(a) the relationship is exclusive in nature,

(b) the relationship is permanent unless the parties dissolve it through the courts,

(d) the rights and obligations attendant on the relationship are, in the opinion of the Minister, sufficient to indicate that the relationship would be treated comparably to a civil partnership.

F2[(1A) For the purposes of subsection (1), a legal relationship entered into in an embassy or diplomatic mission of a state under the laws of that state shall be deemed to have been entered into in that state.

(1B) Subsection (1A) shall not apply to a legal relationship entered into in an embassy or diplomatic mission in the State on or after 1 January 2011.]

(2) An order under subsection (1) entitles and obliges the parties to the legal relationship to be treated as civil partners under the law of the State from the later of—

(a) the day which is 21 days after the date on which the order is made, and

(b) the day on which the relationship was registered under the law of the jurisdiction in which it was entered into.

(3) Notwithstanding subsections (1) and (2), an order made under subsection (1) shall not be construed as entitling parties to a legal relationship otherwise recognised by that order to be treated as civil partners under the law of the State if those parties are within the prohibited degrees of relationship set out in the Third Schedule to the Civil Registration Act 2004 (inserted by section 26).

(4) Where an order is made under subsection (1), a dissolution of a legal relationship under the law of the jurisdiction in which it was entered into, or under the law of any other jurisdiction in respect of which a class of legal relationship has been declared by an order made under that subsection to be entitled to be recognised as a civil partnership, shall be recognised as a dissolution and deemed to be a dissolution under section 110, and any former parties to such a relationship shall not be treated as civil partners under the law of the State from the later of—

(a) the day which is 21 days after the date on which the order is made, and

(b) the day on which the dissolution became effective under the law of the relevant jurisdiction.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

Annotations

Amendments:

F2
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 36, S.I. No. 357 of 2015.

Editorial Notes:

E5
Power pursuant to section exercised (3.03.2016) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016 (S.I. No. 132 of 2016).

E6
Power pursuant to section exercised (10.12.2013) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013 (S.I. No. 490 of 2013).

E7
Power pursuant to section exercised (10.12.2012) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012 (S.I. No. 505 of 2012).

E8
Power pursuant to section exercised (4.12.2011) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011 (S.I. No. 642 of 2011).

E9
Power pursuant to section exercised (23.12.2010) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010 (S.I. No. 649 of 2010).

E10
Previous affecting provision: power pursuant to section exercised (19.05.2014) by Civil Partnership (Recognition of Registered Foreign Relationships) Order 2014 (S.I. No. 212 of 2014); revoked (16.11.2015) by Marriage Act 2015 (35/2015), s. 12(10), S.I. No. 504 of 2015.

F3[

Certain registered foreign relationships

5A.— Neither section 5, nor any order made (whether before or after the date of the commencement of this section) under section 5, shall apply to a legal relationship entered into by two parties on or after the date that is 6 months after the commencement of section 8 of the Marriage Act 2015.]

Annotations

Amendments:

F3
Inserted (16.11.2015) by Marriage Act 2015 (35/2015) s. 13, S.I. No. 504 of 2015.

Editorial Notes:

E11
The section heading is taken from the amending provision in the absence of one included in the amendment.

PART 3

Registration of Civil Partnership

Definition, Part 3.

6.— In this Part, “Act of 2004” means the Civil Registration Act 2004.

Amendment of section 2 of Act of 2004.

7.— (1) Section 2(1) of the Act of 2004 is amended—

(a) by inserting the following definitions:

“‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010;

‘civil partnership registration’ means registration under section 59D;

‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership or being a former civil partner in a civil partnership that has ended by death or been dissolved;

‘dissolution’ means dissolution of a civil partnership under section 110 of the Act of 2010;”,

(b) by substituting the following definition for the definition “decree of divorce”:

“‘decree of divorce’ has the meaning assigned to it by the Family Law (Divorce) Act 1996;”,

“‘decree of nullity’—

(a) in the case of a decree of nullity of marriage, has the meaning assigned to it by the Family Law (Divorce) Act 1996, and

(b) in the case of a decree of nullity of civil partnership, has the meaning assigned to it by the Act of 2010;”,

(d) in the definition of “event”, by substituting “divorce, decree of nullity, civil partnership registration or dissolution” for “divorce or decree of nullity”,

(e) in the definition of “registrar” —

(i) by inserting the following paragraph after paragraph (a):

“(aa) in relation to a civil partnership registration or intended civil partnership registration, or the register of civil partnerships, means a registrar within the meaning of section 17,”,

(ii) in paragraph (d), by substituting “,” for “, and”, and

(iii) by substituting the following paragraphs for paragraph (e):

“(e) in relation to a decree of nullity of marriage or the register of decrees of nullity of marriage, means the Courts Service,

(f) in relation to a decree of dissolution, or the register of decrees of dissolution, means the Courts Service, and

(g) in relation to a decree of nullity of a civil partnership or the register of decrees of nullity of civil partnerships, means the Courts Service,”.

(2) Section 2(2) of the Act of 2004 is amended—

(a) in paragraph (d), by substituting “,” for “, or”,

(b) in paragraph (e) by substituting “sex, or” for “sex.”, and

“(f) one of the parties to the marriage is, or both are, already party to a subsisting civil partnership.”.

(3) Section 2 of the Act of 2004 is amended by inserting the following subsection after subsection (2):

“(2A) For the purposes of this Act, there is an impediment to a civil partnership registration if—

(a) the civil partnership would be void by virtue of the Third Schedule,

(b) one of the parties to the intended civil partnership is, or both are, already party to a subsisting civil partnership,

(c) one or both of the parties to the intended civil partnership will be under the age of 18 years on the date of the intended civil partnership registration,

(d) one or both of the parties to the intended civil partnership does not give free and informed consent,

(e) the parties are not of the same sex, or

(f) one of the parties to the intended civil partnership is, or both are, married.”.

Amendment of Civil Registration

Amendment of section 8 of Act of 2004.

8.— Section 8(1) of the Act of 2004 is amended—

(a) in paragraph (b), by inserting “of marriage” after “nullity”,

(b) by inserting the following paragraphs after paragraph (b):

“(bb) to extend the Civil Registration Service to civil partnership registration, wherever occurring in the State,

(bbb) to extend the Civil Registration Service to decrees of dissolution and decrees of nullity of civil partnerships, wherever granted in the State,”,

(d) by inserting the following paragraphs after paragraph (e):

“(ee) to establish and maintain registers and indexes for the purposes of the registration of civil partnerships,

(eee) to establish and maintain registers and indexes for the purpose of the registration of decrees of dissolution of civil partnerships and of decrees of nullity of civil partnerships,”.

Amendment of section 13 of Act of 2004.

9.— Section 13(1) of the Act of 2004 is amended—

(a) in paragraph (f), by substituting “decrees of divorce),” for “decrees of divorce), and”, and

(b) by substituting the following paragraphs for paragraph (g):

“(g) a register of all decrees of nullity of marriage (which shall be known, and is referred to in this Act, as the register of decrees of nullity of marriage),

(h) a register of all civil partnership registrations taking place in the State (which shall be known, and is referred to in this Act, as the register of civil partnerships),

(i) a register of all decrees of dissolution (which shall be known, and is referred to in this Act, as the register of decrees of dissolution), and

(j) a register of all decrees of nullity of civil partnerships (which shall be known, and is referred to in this Act, as the register of decrees of nullity of civil partnerships).”.

Amendment of section 17 of Act of 2004.

10.— Section 17 of the Act of 2004 is amended—

(a) in paragraph (1)(b), by substituting “deaths, marriages and civil partnerships” for “deaths and marriages”, and

(b) in subsection (13), by substituting “, marriages and civil partnerships” for “and marriages”.

Amendment of section 22 of Act of 2004.

11.— Section 22(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

Amendment of section 23 of Act of 2004.

12.— Section 23(3)(b) of the Act of 2004 is amended by inserting “of marriage” after “nullity”.

Amendment of section 37 of Act of 2004.

13.— Section 37 of the Act of 2004 is amended by inserting “or civil partner” after “relative” wherever it occurs.

Amendment of section 46 of Act of 2004.

14.— Section 46(7) of the Act of 2004 is amended by substituting “civil status” for “marital status”.

Amendment of section 59 of Act of 2004.

15.— Section 59(2) of the Act of 2004 is amended by inserting “of marriage” after “nullity” wherever it appears.

Insertion of new Part 7A of Act of 2004.

16.— The Act of 2004 is amended by inserting the following Part after section 59:

“PART 7A

Registration of Civil Partnerships

Definitions (Part 7A).

59A.— In this Part—

‘civil partnership registration form’ means a form prescribed under section 59C;

‘register’ means the register of civil partnerships.

Notification of civil partnerships.

59B.— (1) A civil partnership registered in the State, after the commencement of this section, between persons of any age shall not be valid in law unless the persons concerned—

(a) notify any registrar in writing in a form for the time being standing approved by an tArd-Chláraitheoir of their intention to enter into a civil partnership not less than 3 months prior to the date on which the civil partnership is to be registered, and

(b) attend at the office of that registrar, or at any other convenient place specified by that registrar, at any time during normal business hours not less than 5 days (or a lesser number of days that may be determined by that registrar) before that date and make and sign a declaration in his or her presence that there is no impediment to the registration of the civil partnership.

(2) Notwithstanding paragraph (a) of subsection (1), the Circuit Court or the High Court may, on application to it by the persons wishing to enter into a civil partnership, order that the registration be exempt from that paragraph if the Court is satisfied, after a hearing held otherwise than in public, that there are serious reasons for the exemption and that the exemption is in the interests of those persons.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by a judge of the circuit in which either of the parties to the intended civil partnership concerned ordinarily resides or carries on any profession, business or occupation or where the place at which the civil partnership concerned is intended to be registered is situate.

(4) A court fee shall not be charged in respect of an application under subsection (2).

(5) Except in the circumstances that may be prescribed, a notification referred to in paragraph (1)(a) shall be delivered by both of the parties to the intended civil partnership, in person, to the registrar.

(6) The notification shall be accompanied by the prescribed fee and any other documents and information that an tArd-Chláraitheoir may specify.

(7) The requirements specified in subsections (1) and (5) are declared to be substantive requirements for registering a civil partnership.

(8) When, in relation to an intended civil partnership, a registrar receives a notification under paragraph (1)(a) and any other documents or information specified under subsection (6), he or she shall, as soon as reasonably practicable, notify in writing each of the parties to the intended civil partnership and the registrar who is to register the civil partnership of the receipt.

(9) A notification under subsection (8) shall not be construed as indicating the registrar’s approval of the proposed civil partnership.

(10) The registrar may require each party to an intended civil partnership to provide him or her with the evidence relating to that party’s forename, surname, address, civil status, age and nationality that an tArd-Chláraitheoir may specify.

(11) An tArd-Chláraitheoir may, if so authorised by the Minister, publish, in the form and manner that the Minister may direct, notice of notifications of intended civil partnerships under subsection (1), but a notice under this subsection shall not contain the personal public service number of a party to the intended civil partnership.

Civil partnership registration form.

59C.— (1) A registrar to whom a notification is given under section 59B, or who receives a copy of an exemption order under subsection (2) of that section, who is satisfied that that section has been complied with shall complete a civil partnership registration form for the intended civil partnership.

(2) Before the registration of a civil partnership, the registrar shall give a copy of the civil partnership registration form to one of the parties to the intended civil partnership.

(3) When the parties wish to register a civil partnership, one of them shall give the civil partnership registration form to the registrar who is to register the civil partnership for examination by him or her.

(4) A civil partnership registration form is valid only for a period of 6 months from the date on which it is completed. If the parties do not register the civil partnership during that period and wish to have their civil partnership registered, they shall again comply with section 59B.

(5) The Minister may prescribe the civil partnership registration form.

Civil partnership registration.

59D.— (1) The parties shall orally make the declarations referred to in subsection (3), and sign the civil partnership registration form in the presence of each other, the registrar and two witnesses professing to be 18 years or over. The declarations shall be made and the signature of the civil partnership registration form shall be in a place that is open to the public, unless an tArd-Chláraitheoir or a superintendent registrar—

(a) is satisfied on the basis of a certificate of a registered medical practitioner that one or both of the parties is too ill to attend at a place that is open to the public, and

(b) gives approval to the registrar that signature of the form take place at another place chosen by the parties and agreed to by the registrar.

(2) The registrar shall be satisfied that the parties understand the nature of the civil partnership and the declarations specified in subsection (3).

(3) Each party to the civil partnership shall make the following declarations:

(a) a declaration that he or she does not know of any impediment to the civil partnership registration;

(b) a declaration of his or her intention to live with and support the other party; and

(4) The requirements of subsections (1) to (3) are declared to be substantive requirements for civil partnership registration.

(5) The parties may, before signing the civil partnership registration form, take part in a ceremony in a form approved by an tArd-Chláraitheoir in which the declarations are made in a place open to the public and in the presence of the registrar and the witnesses.

(6) (a) The witnesses shall sign the form after the parties to the civil partnership have done so, and the registrar shall countersign the form.

(b) The parties’ civil partnership shall be taken to be registered upon the counter-signature of the registrar.

(c) As soon as practicable after the signatures and counter-signature, the registrar shall give the parties a copy of the form referred to in paragraph (a), enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chláraitheoir may direct.

(7) Where an tArd-Chláraitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar—

(a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and

(b) when it has been so signed, to enter the particulars in relation to the civil partnership specified in the form in the register and to register the civil partnership in a manner as an tArd-Chláraitheoir may direct.

(8) The Minister may provide by regulations for the correction of errors in entries in the register and for the causing of corrected entries to be entered in the register and for the retention of the original entries in the register.

(9) Where an tArd-Chláraitheoir is satisfied that an entry in the register relates to a civil partnership in relation to which section 59B(1) was not complied with (other than where there has been an exemption ordered under subsection (2) of that section)—

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry,

(b) the registrar shall cancel the entry, and

Places and times for registration of civil partnerships.

59E.— (1) A civil partnership may be registered only at a place and time chosen by the parties to the civil partnership with the agreement of the registrar and, if the place chosen is not the office of a registrar or a place referred to in section 59D(1)(b), the approval of the place by the Executive, and the question whether to give or withhold the approval, shall be determined by the Executive by reference to the matters that the Minister may specify.

(2) Where a registrar registers a civil partnership at a place other than the office of a registrar, the parties shall pay to the registrar a fee in the amount that the Executive may determine.

(3) When a registrar incurs travel or subsistence expenses in connection with registering a civil partnership at a place other than his or her office, the parties shall pay to the registrar an amount in respect of the expenses, calculated by reference to a scale that the Executive may draw up.

(4) An amount payable under subsection (2) or (3) may be recovered by the registrar from the parties as a simple contract debt in any court of competent jurisdiction.

Objections.

59F.— (1) A person may, at any time before a civil partnership registration, lodge with any registrar an objection in writing that contains the grounds on which the objection is based.

(2) If the registrar who receives an objection under subsection (1) is not assigned to the same registration area as the registrar to whom the notification was given under section 59B (or, where there has been an exemption ordered under subsection (2) of that section, the registrar who is to register the civil partnership)—

(a) the receiving registrar shall refer the objection to the Superintendent Registrar of the registration area to which the other registrar is assigned,

(b) the Superintendent Registrar shall direct a registrar assigned to that area to perform the function conferred by this section on the receiving registrar,

(d) references in this section to the registrar who receives an objection shall be construed as references to the registrar who receives the direction and this section shall apply and have effect accordingly.

(3) If the registrar who receives an objection under subsection (1) is satisfied that the objection relates to a minor error or misdescription in the relevant notification under section 59B which would not constitute an impediment to the civil partnership, the registrar shall—

(a) notify the parties to the intended civil partnership registration of the objection,

(b) make the appropriate enquiries,

(c) if the civil partnership registration form has been given to one of the parties, request its return and correct it and the notification and make any necessary corrections to any other records relating to the civil partnership, and

(d) give the corrected civil partnership registration form to one of the parties to the civil partnership.

(4) If the registrar who receives an objection under subsection (1) believes that the possibility of the existence of an impediment to the intended civil partnership registration needs to be investigated, he or she shall refer the objection to an tArd-Chláraitheoir for consideration and, pending the decision of an tArd-Chláraitheoir, he or she shall—

(a) notify the parties to the intended civil partnership registration that—

(i) an objection has been lodged and the grounds on which it is based,

(ii) the objection is being investigated, and

(iii) the civil partnership registration will not proceed until the investigation is completed,

(b) if the civil partnership registration form has not been issued, suspend its issue,

(c) if the civil partnership registration form has been issued, request the party to the intended civil partnership registration to whom it was given to return it to the registrar, and

(d) notify the proposed registrar of the civil partnership, if a different registrar is intended to register the civil partnership, that an objection is being investigated, and direct him or her not to register the civil partnership until the investigation is completed.

(5) A registrar shall comply with a direction under paragraph (4)(d).

(6) Where an objection is referred to an tArd-Chláraitheoir pursuant to subsection (4), he or she shall make a decision on the objection as soon as practicable.

(7) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that no impediment to the intended civil partnership exists, he or she shall advise the registrar to that effect and the registrar shall—

(a) notify the parties to the civil partnership that no impediment to the civil partnership exists,

(b) issue or re-issue the civil partnership registration form to one of those parties, and

(8) In a case referred to in subsection (4), if an tArd-Chláraitheoir decides that there is an impediment to the intended civil partnership, he or she shall advise the registrar to that effect and of the reasons for the decision and the registrar shall—

(a) notify the parties to the civil partnership—

(i) that the registration of the civil partnership will not proceed, and

(ii) of the decision of an tArd-Chláraitheoir and of the reasons for it,

and

(b) take all reasonable steps to ensure that the registration does not proceed.

(9) If, notwithstanding the steps taken by the registrar pursuant to paragraph (8)(b), the civil registration proceeds, the entry in the register is invalid and any person who becomes aware of that entry into the register shall notify an tArd-Chláraitheoir of it.

(10) When an tArd-Chláraitheoir becomes aware of an entry referred to in subsection (9)—

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties and the registrar who made the entry of the direction, and

(b) the registrar shall comply with the direction and cancel the entry and ensure that the cancelled entry is retained in the register.

(11) A party to a proposed civil partnership may appeal to the Circuit Court against the decision of an tArd-Chláraitheoir under subsection (8) in relation to the civil partnership.

(12) The jurisdiction conferred on the Circuit Court by subsection (11) may be exercised by a judge of the circuit in which either of the parties to the intended civil partnership ordinarily resides or carries on any profession, business or occupation or the place at which civil partnership concerned had been intended to be registered is situate.

(13) A person who has lodged an objection under subsection (1) may withdraw the objection, but an tArd-Chláraitheoir may, if he or she considers it appropriate to do so, investigate or complete his or her investigation of the objection and issue any directions to the registrar concerned in relation to the matter that he or she considers necessary.

(14) An objection on the ground that the civil partnership would be void by virtue of the incapacity of one or both of the parties to give informed consent shall be accompanied by a certificate supporting the objection made by a registered medical practitioner.

Where interpretation required.

59G.— If a party or a witness to a civil partnership registration does not have sufficient knowledge of the language of the registration to understand the registration documents or the declarations, the parties shall have an interpreter present who shall—

(a) before the parties make the declarations, sign, in the presence of the registrar, a statement to the effect that the interpreter understands and is able to converse in the language in respect of which he or she is to act as interpreter and give the statement to the registrar, and

(b) immediately after those declarations are made, give the registrar a signed certificate written in the language of the registration, to the effect that the interpreter has faithfully acted as interpreter.

Effect of registration.

59H.— The parties to a registered civil partnership shall be taken to be civil partners of each other as soon as the registrar has countersigned the civil partnership form as required by section 59D(6)(a), regardless of whether the registrar has performed the actions required of him or her under section 59D(6)(c), and all duties and benefits that accrue to civil partners under the Act of 2010 or any other law accrue to them.

Effect of this Part.

59I.— This Part shall have effect notwithstanding any statutory provision that conflicts with it.”.

Insertion of new Part 7B of Act of 2004.

17.— The Act of 2004 is amended by inserting the following Part before section 60:

“PART 7B

Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership

Registration of decrees of dissolution and decrees of nullity of civil partnership.

59J.— (1) When a court grants a decree of dissolution, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of dissolution of civil partnership the particulars in relation to the matter set out in Part 6A of the First Schedule.

(2) When a court grants a decree of nullity of civil partnership, an officer of the Courts Service authorised in that behalf by the Courts Service shall, as soon as may be, enter or cause to be entered in the register of decrees of nullity of civil partnership the particulars in relation to the matter set out in Part 7A of the First Schedule.

(3) An officer of the Courts Service authorised in that behalf by the Courts Service may amend or cancel or cause to be amended or cancelled an entry in the register referred to in subsection (1) or (2).

(4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).

(5) This section has effect notwithstanding any statutory provision that conflicts with it.”.

Amendment of section 60 of Act of 2004.

18.— Section 60(1) of the Act of 2004 is amended—

(a) in paragraph (a), by substituting “death, marriage or civil partnership” for “death or marriage”, and

(b) by inserting “, the parties to the civil partnership” before “or the person”.

Amendment of section 64 of Act of 2004.

19.— Section 64 of the Act of 2004 is amended by inserting the following subsections after subsection (7):

“(8) If an tArd-Chláraitheoir is satisfied that an entry in the register of civil partnerships relates to a civil partnership of a class referred to in subsection (9)—

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry and notify the parties to the civil partnership and the registrar who registered it of the direction, and

(b) the registrar shall comply with the direction and ensure that the cancelled entry is retained in the register.

(9) The classes referred to in subsection (8) are:

(a) a civil partnership, as respects which one or more of the requirements specified in subsections (1) and (5) of section 59B were not complied with (other than where there has been an exemption ordered under subsection (2) of that section); and

(b) a civil partnership to which there was an impediment within the meaning of section 2(2A).”.

Amendment of section 65 of Act of 2004.

20.— Section 65(1)(a) of the Act of 2004 is amended by substituting “death, marriage or civil partnership”, for “death or marriage”.

Amendment of section 66 of Act of 2004.

21.— Section 66(1) of the Act of 2004 is amended by substituting “marriages, civil partnerships, decrees of divorce, decrees of nullity of marriage, decrees of dissolution or decrees of nullity of civil partnership” for “marriages, decrees of divorce, or decrees of nullity”.

Amendment of section 69 of Act of 2004.

22.— Section 69 of the Act of 2004 is amended—

(a) in subsection (4), by inserting “, civil partnership” after “marriage”,

(b) by inserting the following subsection after subsection (9):

“(9A) A registrar who, without reasonable cause, fails or refuses to give a civil partnership registration form to one of the parties to an intended civil partnership in respect of which he or she has received a notification under section 59B(1)(a), or a copy of an exemption order under section 59B(2), commits an offence.”,

(i) by inserting the following paragraph after paragraph (f):

“(fa) registers or is a party to a civil partnership in respect of which, to his or her knowledge, subsection (1) or (5) of section 59B is not complied with, (other than where there has been an exemption ordered under subsection (2) of that section),”,

(ii) by inserting in paragraph (h) “or 59F” after “58”,

(iii) by inserting in paragraph (i) “, or 59B(1)(b)” after “46(1)(b)”,

(iv) by substituting in paragraph (i), “false or misleading,” for “false or misleading, or”,

(v) by substituting in paragraph (j) “form, or” for “form,”, and

(vi) by inserting the following paragraph after paragraph (j):

“(k) not being a registrar, deletes or alters information in relation to the parties to a civil partnership on a civil partnership registration form,”.

Amendment of section 70 of Act of 2004.

23.— Section 70(2) of the Act of 2004 is amended by substituting “(9), (9A),” for “(9),”.

Amendment of section 73 of Act of 2004.

24.— Section 73 of the Act of 2004 is amended—

(a) in subsection (1)—

(i) by inserting the following paragraph after paragraph (d):

“(dd) civil partnerships,”;

(ii) by inserting “of marriage” after “nullity” in paragraph (f);

(iii) by inserting the following paragraphs after paragraph (f):

“(ff) decrees of dissolution,

(fff) decrees of nullity of civil partnership,”,

(b) in paragraph (3)(a), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity” wherever it appears, and

(c) in subsection (7), by inserting “of marriage, civil partnership, decree of dissolution, decree of nullity of civil partnership,” after “nullity”.

Amendment of First Schedule to Act of 2004.

25.— The First Schedule to the Act of 2004 is amended—

(a) by substituting “civil status” for “marital status” wherever it appears,

(b) in Part 5, by substituting “If deceased was married or a civil partner, the profession or occupation of spouse or civil partner.” for “If deceased was married, the profession or occupation of spouse.”,

“PART 6A

Section 59J.

Particulars to be Entered in Register of Dissolutions

Court by which the decree was granted.

Year and record number of the proceedings.

Forenames, surnames and birth surnames of the parties to the proceedings.

Personal public service numbers of the parties to the proceedings.

Date and place of civil partnership registration.

Date of the decree.

Date of registration of the decree.

Forenames and surname of officer of Courts Service.”,

(d) by inserting “of Marriage” at the end of the title to Part 7, and

(e) by inserting the following Part after Part 7:

“PART 7A

Particulars to be Entered in Register of Decrees of Nullity of Civil Partnership

Section 59J.

Court by which the decree was granted.

Year and record number of the proceedings.

Forenames, surnames and birth surnames of the parties to the proceedings.

Personal public service numbers of the parties to the proceedings.

Date and place of civil partnership registration.

Declaration of court.

Date of the decree.

Date of registration.

Forenames and surname of officer of Courts Service.”.

New Third Schedule to Act of 2004.

26.— The Act of 2004 is amended by inserting the following Schedule after the Second Schedule:

“THIRD SCHEDULE

Prohibited Degrees of Relationship

Section 2.

A person may not enter a civil partnership with someone within the prohibited degrees of relationship, as set out in the table below. Relationships within that table should be construed as including relationships in the half-blood (e.g. sibling includes a sibling where there is only one parent in common, etc.), and all the relationships include relationships and former relationships by adoption.

A man may not enter a civil partnership with his:

A woman may not enter a civil partnership with her:

Grandfather

Grandmother

Grandparent’s brother

Grandparent’s sister

Father

Mother

Father’s brother

Mother’s sister

Mother’s brother

Father’s sister

Brother

Sister

Nephew

Niece

Son

Daughter

Grandson

Granddaughter

Grandnephew

Grandniece

”.

PART 4

Shared Home Protection

Interpretation.

27.— In this Part—

“conduct” includes an act and a default or other omission;

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release, another disposition of property otherwise than by a will or a donatio mortis causa, and an enforceable agreement, whether conditional or unconditional, to make one of those conveyances;

“dwelling” means a building or part of a building occupied as a separate dwelling and includes—

(a) a garden or other land usually occupied with the building that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes,

(b) a structure that is not permanently attached to the ground, and

“interest” means any estate, right, title or other interest, legal or equitable;

“mortgage” includes an equitable mortgage, a charge on registered land and a chattel mortgage;

“rent” includes a conventional rent, a rentcharge within the meaning of section 2(1) of the Statute of Limitations 1957 and a terminable annuity payable in respect of a loan for the purchase of a shared home;

“shared home” means—

(a) subject to paragraph (b), a dwelling in which the civil partners ordinarily reside; and

(b) in relation to a civil partner whose protection is in issue, the dwelling in which that civil partner ordinarily resides or, if he or she has left the other civil partner, in which he or she ordinarily resided before leaving.

Alienation of interest in shared home.

28.— (1) Where a civil partner, without the prior consent in writing of the other civil partner, purports to convey an interest in the shared home to a person except the other civil partner, then, subject to subsections (2), (3), and (8) to (14) and section 29, the purported conveyance is void.

(2) Subsection (1) does not apply to a conveyance if it is made by a civil partner in pursuance of an enforceable agreement made before the civil partners’ registration of their civil partnership.

(3) A conveyance is not void by reason only of subsection (1) if—

(a) it is made to a purchaser for full value,

(b) it is made by a person other than the civil partner to a purchaser for value, or

(c) its validity depends on the validity of a conveyance in respect of which a condition mentioned in subsection (2) or paragraph (a) or (b) is satisfied.

(4) If any question arises in any proceedings as to whether a conveyance is valid by reason of subsection (2) or (3), the burden of proving the validity is on the person alleging it.

(5) In subsection (3), “full value” means value that amounts or approximates to the value of that for which it is given.

(6) In this section, “purchaser” means a grantee, lessee, assignee, mortgagee, chargeant or other person who in good faith acquires an estate or interest in property.

(7) For the purposes of this section, section 3 of the Conveyancing Act 1882 shall be read as if the words “as such” wherever they appear in paragraph (ii) of subsection (1) of that section were omitted.

(8) Subject to subsection (9), proceedings may only be instituted to have a conveyance declared void by reason only of subsection (1) if they are instituted before the expiration of 6 years from the date of the conveyance.

(9) Proceedings referred to in subsection (8) may be instituted by a civil partner who was in actual occupation of the shared home during the whole period that begins with the date of the conveyance and ends immediately before the institution of the proceedings, even if 6 years have expired from the date of the conveyance.

(10) Subsection (8) is without prejudice to the rights of civil partners to seek redress for contraventions of subsection (1) otherwise than by proceedings referred to in that subsection.

(11) A conveyance is deemed not to be and never to have been void by reason of subsection (1) unless—

(a) it has been declared void by a court by reason of subsection (1) in proceedings instituted in accordance with subsection (8) on or after the date on which this section commences, or

(b) subject to the rights of any other person concerned, it is void by reason of subsection (1) and the parties to the conveyance or their successors in title so state in writing before the expiration of 6 years from the date of the conveyance.

(12) A copy of a statement made for the purpose of paragraph (b) of subsection (11) and certified by the parties concerned or their successors in title to be a true copy shall, before the expiration of the 6 years referred to in that paragraph, be lodged by the parties or their successors with the Property Registration Authority for registration in the Land Registry or Registry of Deeds as appropriate.

(13) A person who institutes proceedings to have a conveyance declared void by reason of subsection (1) shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Judgements (Ireland) Act 1844 in any form that the rules of court may provide.

(14) A general consent given in writing by a civil partner, after the commencement of this section, to any future conveyance of any interest in a shared home or a former shared home is deemed, for the purposes of subsection (1), to be a prior consent in writing if the deed for the conveyance is executed after the date of the consent.

Annotations

Editorial Notes:

E12
Charging orders made under Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (28/2022) or charges arising under them confirmed not conveyances for purposes of section (22.06.2023) by Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 (28/2022), s. 34(6), S.I. No. 321 of 2023.

E13
Charging orders made under Nursing Homes Support Scheme Act 2009 (15/2009), s. 14B(1) or mortgages arising thereunder confirmed not conveyances for purposes of section by Nursing Homes Support Scheme Act 2009 (15/2009), s. 14B(8), as inserted (20.10.2021) by Nursing Homes Support Scheme (Amendment) Act 2021 (27/2021), s. 4, commenced as per s. 33(2).

E14
Charging orders made under Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 26, and charges arising under such orders confirmed not conveyances for purposes of section (1.01.2016) by Housing (Miscellaneous Provisions) Act 2014 (21/2014), s. 26(12), S.I. No. 482 of 2015.

Consent of civil partner.

29.— (1) Where the civil partner whose consent is required under section 28 omits or refuses to consent, the court may, subject to this section, dispense with the consent.

(2) The court shall not dispense with the consent unless the court considers that it is unreasonable for the civil partner to withhold consent, taking into account all the circumstances, including—

F4[(a) the respective needs and resources of the civil partners and of any dependent child of the civil partners, and]

(b) in a case where the civil partner whose consent is required is offered alternative accommodation, the suitability of that accommodation having regard to the respective degrees of security of tenure in the shared home and the alternative accommodation.

(3) The court shall dispense with the consent of a civil partner whose consent is required if—

(a) the civil partner cannot be found after reasonable inquiries, and

(b) the court is of the opinion that it would be reasonable to do so.

(4) The court may give the consent on behalf of a civil partner whose consent is required if—

(a) a consultant psychiatrist, within the meaning of the Mental Health Act 2001, certifies that the civil partner is incapable of giving consent, and

(b) the court is of the opinion that it would be reasonable to do so.

Annotations

Amendments:

F4
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 136, S.I. No. 12 of 2016.

Conduct leading to loss of shared home.

30.— (1) Where it appears to the court, on the application of a civil partner, that the other civil partner is engaging in conduct that might lead to the loss of any interest in the shared home or might render it unsuitable for habitation as a shared home, with the intention of F5[depriving the applicant or a dependent child of the civil partners of his or her residence] in the shared home, the court may make any order that it considers proper, directed to the other civil partner or to any other person, for the protection of the shared home F5[in the interest of the applicant or such child].

(2) Where it appears to the court, on the application of a civil partner, that the other civil partner has F5[deprived the applicant or a dependent child of the civil partners of his or her residence] in the shared home by conduct that resulted in the loss of any interest in it or rendered it unsuitable for habitation as a shared home, the court may order the other civil partner or any other person to pay to the applicant the amount that the court considers proper F5[to compensate the applicant or such child] for their loss or make any other order directed to the other civil partner or to any other person that may appear to the court to be just and equitable.

Annotations

Amendments:

F5
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 137, S.I. No. 12 of 2016.

Editorial Notes:

E15
Power of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.

Payment of outgoings on shared home.

31.— (1) Any payment or tender made or any other thing done by one civil partner in or towards satisfaction of any liability of the other civil partner in respect of rent, mortgage payments or other outgoings affecting the shared home shall be as good as if made or done by the other civil partner, and shall be treated by the person to whom the payment is made or the thing is done as though it were made or done by the other civil partner.

(2) Nothing in subsection (1) affects any claim by the first-mentioned civil partner against the other to an interest in the shared home by virtue of the payment made or thing done.

Adjournment of proceedings by mortgagee or lessor for possession or sale of shared home.

32.— (1) The court may adjourn proceedings in an action brought by a mortgagee or lessor in relation to non-payment against a civil partner and claiming possession or sale of the shared home if it appears to the court that—

(a) the other civil partner is capable of paying to the mortgagee or lessor the arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease) of money due under the mortgage or lease within a reasonable time, and future periodical payments falling due under the mortgage or lease, and that the other civil partner desires to pay the arrears and periodical payments, and

(b) it would be just and equitable to do so, in all the circumstances and having regard to the interests of the mortgagee or lessor, the respective interests of the civil partners and the terms of the mortgage or lease.

(2) In considering whether to adjourn the proceedings under this section, and if so, for what period and on what terms, the court shall have regard in particular to whether the other civil partner has been informed, by or on behalf of the mortgagee or lessor or otherwise, of the non-payment of any of the sums in question.

Modification of terms of mortgage or lease as to payment of capital sum.

33.— The court may by order declare, on application by a civil partner, that a term of a mortgage or lease by virtue of which a sum is due, other than periodical payments due under the mortgage or lease, is of no effect for the purpose of proceedings under section 32, if, after the proceedings have been adjourned under that section it appears to the court that—

(a) all arrears (other than the arrears of principal or interest or rent that do not constitute part of the periodical payments due under the mortgage or lease or money due under the mortgage or lease) and periodical payments due as of the date of the order have been paid off, and

(b) the periodical payments subsequently falling due will continue to be paid.

Restriction on disposal of household chattels.

34.— (1) The court may, on the application of a civil partner, by order prohibit, on the terms it may see fit, the other civil partner from disposing of or removing household chattels, if the court is of the opinion that there are reasonable grounds to believe that the other civil partner intends to do so and that it would F6[make it difficult for the applicant or a dependent child of the civil partners to reside] in the shared home without undue hardship if the household chattels were disposed of or removed.

(2) Where proceedings for the dissolution of a civil partnership have been instituted by a civil partner, neither civil partner shall sell, lease, pledge, charge or otherwise dispose of or remove any of the household chattels in the shared home until the proceedings have been finally determined, unless—

(a) the other civil partner has consented to the disposition or removal, or

(b) the court before which the proceedings have been instituted, on application by the civil partner who desires to make the disposition or removal, permits the civil partner to do so, with or without conditions.

(3) Without prejudice to any other civil or criminal liability, a civil partner who contravenes subsection (2) commits an offence and is liable on summary conviction to F7[a class D fine] or to imprisonment for a term not exceeding 6 months or to both.

(4) The court may order, on the application of a civil partner, that the other civil partner provide household chattels or a sum of money to the applicant, so as to F6[place the applicant or a dependent child of the civil partners] as nearly as possible in the position that prevailed before—

(a) the other civil partner contravened an order under subsection (1) or (2), or

(b) the other civil partner sold, leased, pledged, charged or otherwise disposed of or removed the number or proportion of the household chattels in the shared home that made or is likely to F6[make it difficult for the applicant or a dependent child of the civil partners to reside] in the shared home without undue hardship.

(5) In proceedings under this section, the court may make an order that appears to it to be proper in the circumstances, directed to a third person who has been informed in writing by a civil partner before the proceedings were taken, with respect to a proposed disposition to the third person by the other civil partner.

(6) For the purposes of this section, “household chattels” means personal property ordinarily used in a household and includes garden effects and domestic animals, but does not include money or any chattels used by either civil partner for business or professional purposes.

Annotations

Amendments:

F6
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 138, S.I. No. 12 of 2016.

F7
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(a), commenced on enactment. A class D fine means a fine not greater than €1,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C2
Application of section extended (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 14, S.I. No. 532 of 2018.

Application of section 34(2) of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

14. (1) Where an application for a barring order or a safety order is made against the civil partner of the applicant, subsection (2) of section 34 of the Act of 2010 shall apply—

(a) between the making of the application for the order and its determination, and

(b) if that order is made, while that order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.

(2) The court which is empowered under subsection (2)(b) of section 34 of the Act of 2010 to grant permission for a disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings, including proceedings for a barring order or a safety order, have been instituted.

Editorial Notes:

E16
Power of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.

Joinder of parties.

35.— In any proceedings under or referred to in this Part, each of the civil partners as well as any third person who has or may have an interest in the proceedings may be joined—

(a) by service of a third-party notice by an existing party to the proceedings, or

(b) by direction of the court.

Registration of notice of existence of civil partnership.

36.— (1) A civil partner may lodge with the Property Registration Authority a notice stating that he or she is the civil partner of a person having an interest in property or land.

(2) A notice under subsection (1) shall be registered in the Registry of Deeds or Land Registry, as appropriate.

(3) No stamp duty or fee shall be payable in respect of any such notice.

(4) The fact that notice of a civil partnership has not been registered under subsection (1) shall not give rise to any inference as to the non-existence of a civil partnership.

Restriction of section 59(2) of Registration of Title Act 1964.

37.— Section 59(2) of the Registration of Title Act 1964 (which refers to noting upon the register provisions of any enactment restricting dealings in land) does not apply to this Part.

Creation of joint tenancy in shared home exempt from fees.

38.— No land registration fee, Registry of Deeds fee or court fee shall be payable on any transaction creating a joint tenancy between civil partners in respect of a shared home where the home was immediately prior to such transaction owned by either civil partner or by both civil partners otherwise than as joint tenants.

Annotations

Editorial Notes:

E17
Instruments creating a joint tenancy between civil partners under section confirmed excluded from e-stamping system (7.07.2012) by Stamp Duty (E-stamping of Instruments and Self-Assessment) Regulations 2012 (S.I. No. 234 of 2012), reg. 3 and sch. 1 par. 2(b), in effect as per reg. 1(2).

Offences.

39.— (1) A person commits an offence if he or she—

(a) has an interest in premises,

(b) is required in writing by or on behalf of a person proposing to acquire the interest to give information necessary to establish if the conveyance of that interest requires a consent under section 28 (1), and

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to F8[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

Annotations

Amendments:

F8
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(b), commenced on enactment. A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

Protection of certain tenancies.

40.— The Residential Tenancies Act 2004 is amended—

(a) in section 3(2)(h) and section 35(4) by inserting “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears, and

(b) in section 39(3)(a)(i), by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

Protection of certain tenancies.

41.— (1) In this section, “Act of 1982” means the Housing (Private Rented Dwellings) Act 1982.

(2) Section 9 of the Act of 1982 is amended in subsection (2) by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears.

(3) Section 16(1) of the Act of 1982 is amended by inserting “or of the tenant or the tenant’s civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “dwelling” where it lastly occurs.

(4) Section 22 of the Act of 1982 is amended by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears.

Amendment of Civil Legal Aid Act 1995.

42.— Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended by substituting “or proceedings arising out of a dispute between spouses as to the title to or possession of any property, proceedings under Part 4 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or proceedings arising out of a dispute between civil partners within the meaning of that Act as to the title to or possession of any property;” for “or proceedings arising out of a dispute between spouses as to the title to or possession of any property;”.

PART 5

Maintenance of Civil Partner

Interpretation.

43.— (1) In this Part—

“antecedent order” means—

(a) a maintenance order,

(b) a variation order,

(d) an order under section 48 insofar as it is deemed under that section to be a maintenance order, or

(e) an order for maintenance pending suit under section 116 or a periodical payments order or secured periodical payments order under Part 12;

“attachment of earnings order” means an order under section 53;

“desertion” includes conduct on the part of one civil partner that results in the other civil partner, with just cause, leaving and living separately and apart from the first civil partner;

“earnings” means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

“interim order” means an order under section 47;

“maintenance creditor”, in relation to an order under this Part, or to proceedings arising out of the order, F9[means the person who] applied for the order;

“maintenance debtor” means a person who is required by an order referred to in any of paragraphs (a) to (e) of the definition “antecedent order” to make payments;

“maintenance order” means an order under section 45;

“normal deduction rate” and “protected earnings rate” have the meanings respectively assigned to them in section 53;

“variation order” means an order under section 46 varying a maintenance order.

(2) Subject to section 59, the relationship of employer and employee shall be regarded as subsisting between two persons if one of them as a principal and not as a servant or agent pays earnings to the other.

(3) References in this Part to a District Court clerk include references to his or her successor in the office of District Court clerk and to any person acting on his or her behalf.

Annotations

Amendments:

F9
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 139, S.I. No. 12 of 2016.

Commencement of periodical payments.

44.— A periodical payment under an order under this Part shall commence on the date that is specified in the order, which may be before or after the date on which the order is made but not earlier than the date of the application for the order.

Maintenance order.

45.— F10[(1) (a) Subject to subsection (3), where it appears to the court, on application to it by a civil partner, that the other civil partner has failed to provide maintenance for the applicant civil partner and any dependent child of the civil partners that is proper in the circumstances, the court may make an order that the other civil partner make to the applicant periodical payments for the support of the applicant and the dependent child of the civil partners, for the period during the lifetime of the applicant, of the amount and at the times that the court may consider proper.

(b) Subject to subsection (3), where a civil partner—

(i) is dead,

(ii) has deserted, or has been deserted by, the other civil partner, or

(iii) is living separately and apart from the other civil partner,

and there is a dependent child of the civil partners (not being a child who is being fully maintained by either civil partner), then, if it appears to the court, on application to it by any person, that the surviving civil partner or, as the case may be, either civil partner has failed to provide such maintenance for the dependent child of the civil partners as is proper in the circumstances, the court may make an order that that civil partner make to that person periodical payments, for the support of the dependent child, for such period during the lifetime of that person, of such amount and at such times, as the court may consider proper.

(c) A maintenance order or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the civil partners and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the civil partners shall be made.]

(2) The court shall not make a maintenance order for the support of an applicant where he or she has deserted and continues to desert the other civil partner unless, having regard to all the circumstances, including the conduct of the other civil partner, the court is of the opinion that it would be unjust in all the circumstances not to make a maintenance order.

F10[(3) The court, in deciding whether to make a maintenance order and, if it decides to do so, in determining the amount of any payment, shall have regard to all the circumstances of the case, including—

(a) the income, earning capacity, property and other financial resources of—

(i) the civil partners and any dependent child of the civil partners, and

(ii) any other dependent child of which either civil partner is a parent,

including income or benefits to which either civil partner or any such child is entitled by or under statute with the exception of a benefit or allowance or any increase in such benefit or allowance in respect of any dependent child granted to either parent of such child,

(b) the financial and other responsibilities of—

(i) the civil partners towards each other and towards any dependent child of the civil partners and the needs of any such child, including the need for care and attention,

(ii) each civil partner as a parent towards any other dependent child, and the needs of any such child, including the need for care and attention, and

(iii) each civil partner towards any former spouse or civil partner,

and

(c) in relation to a maintenance order or part of a maintenance order for the benefit of the civil partner, the conduct of each civil partner, if that conduct is such that, in the opinion of the court, it would in all the circumstances be unjust to disregard it.]

Annotations

Amendments:

F10
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 140, S.I. No. 12 of 2016.

Editorial Notes:

E18
Power of court on application being made under Domestic Violence Act 2018 to make order under this section prescribed (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 15(1), (2)(e), S.I. No. 532 of 2018.

Discharge, variation and termination of maintenance order.

46.— (1) The court may discharge a maintenance order at any time after one year from the time it is made, on the application of F11[the person for whose support it provides], where it appears to the court that, having regard to the maintenance debtor’s record of payments pursuant to the order and to the other circumstances of the case, F11[the person for whose support it provides] will not be prejudiced by the discharge.

(2) The court may discharge or vary a maintenance order at any time, on the application of either party, if it thinks it proper to do so having regard to any circumstances not existing when the order was made (including the conduct of each of the civil partners, if that conduct is conduct that the court believes is conduct that it would in all the circumstances be unjust to disregard), or, if it has been varied, when it was last varied, or to any evidence not available to that party when the maintenance order was made or, if it has been varied, when it was last varied.

(3) Notwithstanding subsections (1) and (2), the court shall, on application to it, discharge the part of a maintenance order that provides for the support of a maintenance creditor where it appears to it that the maintenance creditor has deserted and continues to desert the maintenance debtor unless, having regard to all the circumstances (including the conduct of the maintenance debtor) the court is of the opinion that it would be unjust to do so.

F12[(4) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his or her attainment of the age of 18 years or 23 years, as the case may be, and shall be discharged by the court, on application to it under subsection (1) or (2), if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

(5) Desertion by, or conduct of, a civil partner shall not be a ground for discharging or varying any part of a maintenance order that provides for the support of a dependent child of the civil partners.]

Annotations

Amendments:

F11
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 141(a), S.I. No. 12 of 2016.

F12
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 141(b), S.I. No. 12 of 2016.

Interim order.

47.— On an application to the court for a maintenance order, the court, before deciding whether to make or refuse to make the order, may make an order for the payment to the applicant by the maintenance debtor, for a definite period specified in the order or until the application is adjudicated upon by the court, of a periodical sum that, in the opinion of the court, is proper, if it appears to the court proper to do so having regard to F13[the needs of the persons for whose support the maintenance order is sought and the other circumstances] of the case.

Annotations

Amendments:

F13
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 142, S.I. No. 12 of 2016.

Orders in respect of certain agreements between civil partners.

48.— (1) On application by one or both of the civil partners, the court may make an order under this section if it is satisfied that to do so would adequately protect F14[the interests of the civil partners and any dependent child of the civil partners].

(2) An order under this section may make a rule of court a provision in an agreement in writing entered into by the civil partners—

(a) by which one civil partner undertakes to make periodical payments towards the maintenance of F14[the other civil partner or of any dependent child of the civil partners or of both that other civil partner and any dependent child of the civil partners], or

(b) governing the rights and liabilities of the civil partners towards one another in respect of the making or securing of payments (other than payments referred to in paragraph (a)) or the disposition or use of any property.

(3) An order under subsection (2)(a) is deemed to be a maintenance order for the purposes of F14[sections 50 and 51, Part 6 and section 140].

Annotations

Amendments:

F14
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 143, S.I. No. 12 of 2016.

Preservation of pension entitlements.

49.— (1) On application to it by either of the civil partners in an application under section 48, the court may make an order directing the trustees of a pension scheme of which either or both of the civil partners are members not to regard the separation of the civil partners as a ground for disqualifying either of them for the receipt of a benefit under the scheme that would normally require that the civil partners be residing together at the time when the benefit becomes payable.

(2) The applicant shall give notice of an application under subsection (1) to the trustees of the pension scheme and, in deciding whether to make an order under subsection (1), the court shall have regard to any order made, or proposed to be made, by it in relation to the application by the civil partner or civil partners under section 48 and any representations made by those trustees in relation to the matter.

(3) The court may determine the manner in which the costs incurred by the trustees under subsection (2) or in complying with an order under subsection (1) are to be borne, including by either of the civil partners or by both of them in the proportions that the court may determine.

(4) In this section, “pension scheme” has the meaning assigned to it by section 109.

Transmission of payments through District Court clerk.

50.— (1) Where the court makes a maintenance order, a variation order or an interim order, the court shall—

(a) direct that payments under the order be made to the District Court clerk, unless the maintenance creditor requests the court not to do so and the court considers that it would be proper not to do so, and

(b) in a case in which the court has not given a direction under paragraph (a), direct, at any time after making the order and on the application of the maintenance creditor, that the payments be made to the District Court clerk.

(2) Where payments to the District Court clerk under this section are in arrear, the District Court clerk shall, if the maintenance creditor so requests in writing, take the steps that he or she considers reasonable in the circumstances to recover the sums in arrear whether by proceedings for an attachment of earnings order or otherwise.

(3) The court, on the application of the maintenance debtor and having afforded the maintenance creditor an opportunity to oppose the application, may discharge a direction under subsection (1), if satisfied that, having regard to the record of the payments made to the District Court clerk and all the other circumstances, it would be proper to do so.

(4) The District Court clerk shall transmit any payments made by virtue of this section to the maintenance creditor.

(5) Nothing in this section affects any right of a person to take proceedings in his or her own name for the recovery of a sum payable, but not paid, to the District Court clerk by virtue of this section.

(6) References in this section to the District Court clerk are references to the District Court clerk in the District Court district that may be determined from time to time by the court concerned.

Lump sum maintenance orders.

51.— (1) The court may, F15[on making a maintenance order or a variation order], order the maintenance debtor in addition to, or instead of such an order, to make a lump sum payment or lump sum payments to the maintenance creditor of such amount or amounts and at such time or times as may be specified in the order.

(2) The amount or aggregate amount of a lump sum payment or of lump sum payments to a maintenance creditor under an order under this section shall be—

(a) if the order is instead of an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments that would have been made, and the periods during which and the times at which they would have been made, but for this section, and

(b) if the first-mentioned order is in addition to an order for the making of periodical payments to the maintenance creditor, such amount as the court considers appropriate having regard to the amount of the periodical payments and the periods during which and the times at which they will be made.

F16[(2A) Where the court makes an order under subsection (1) that is for the benefit of a child, the court may specify in the order the manner in which, or purpose for which, the payment or payments referred to in that subsection are to be applied, including in providing suitable accommodation for the child to whom the order relates.]

(3) The amount or aggregate amount of a lump sum payment or of lump sum payments provided for in an order of the District Court under this section shall not exceed F17[€15,000].

Annotations

Amendments:

F15
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 144(a), S.I. No. 12 of 2016.

F16
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 144(b), S.I. No. 12 of 2016.

F17
Substituted (3.02.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 21(a), S.I. No. 566 of 2013.

Secured orders.

52.— The court may, F18[on making a maintenance order or a variation order] or at any time after making such an order, on application to it by any person having an interest in the proceedings, order the maintenance debtor concerned to secure it to the maintenance creditor concerned.

Annotations

Amendments:

F18
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 145, S.I. No. 12 of 2016.

F19[

Failure to make payments to be contempt of court

52A.— (1) Subject to this section it shall be contempt of court for a maintenance debtor to fail to make a payment due under an antecedent order.

(2) As respects a contempt of court arising pursuant to this section, a judge of the District Court shall, subject to this section, have such powers, including the power to impose a sanction, as are exercisable by a judge of the High Court in relation to contempt of court in proceedings before the High Court.

(3) Where a payment under an antecedent order made by the District Court has not been made, the maintenance creditor may apply to the District Court clerk concerned for the issue of a summons directing the maintenance debtor to appear before the District Court.

(4) A summons referred to in subsection (3) shall—

(a) be issued by the District Court clerk concerned,

(b) contain a statement that failure to make a payment in accordance with the order concerned constitutes a contempt of court and giving details of the consequences of the court finding that a contempt of court has taken place including in particular the possibility of imprisonment,

(c) state that the maintenance debtor may be arrested if he or she fails to appear before the District Court as directed in the summons, and

(d) be served on the maintenance debtor personally, or in such other manner authorised by a judge of the District Court.

(5) If the maintenance debtor fails, without reasonable excuse, to appear before the court in answer to the summons, the judge of the District Court, on the application of the maintenance creditor, shall, if satisfied that the debtor was served with the summons, issue a warrant for the arrest of the maintenance debtor.

(6) A maintenance debtor arrested pursuant to a warrant issued under subsection (5) shall be brought as soon as practicable before the District Court.

(7) Where a maintenance debtor is arrested and brought before the District Court under subsection (6), the judge shall fix a new date for the hearing of the summons and direct that the creditor be informed by the District Court by notice in writing of the date so fixed, and shall explain to the debtor in ordinary language—

(a) that he or she is required to attend before the court at the date next fixed for the hearing of the summons,

(b) that failure to attend may in itself constitute a contempt of court and the consequences of such contempt, including in particular the possibility of imprisonment, and that such contempt and the consequences which may follow are in addition to the consequences arising by reason of failure to make a payment under the antecedent order, and

(8) At the hearing of the summons, before hearing evidence from any party the judge shall explain to the debtor in ordinary language—

(a) the consequences, and in particular the possibility of imprisonment, which may follow a failure to make a payment in accordance with an antecedent order, and

(b) unless the maintenance debtor has already been so informed under subsection (7), that he or she is entitled to apply for legal advice and legal aid under the Civil Legal Aid Act 1995.

(9) On the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, if the judge is satisfied that the payment concerned has not been made, and—

(a) that the failure to make the payment concerned is due to—

(i) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

(ii) some other reason not attributable to any act or omission of the maintenance debtor,

the judge may, where he or she believes that to do so would improve the likelihood of the payment concerned being made within a reasonable period, adjourn the hearing—

(I) to enable the outstanding payment to be made, or

(II) to enable an application to be made for an attachment of earnings order under section 53,

(b) that the failure to make the payment concerned is due to the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later) the judge may, where the antecedent order was made by the District Court, treat the hearing as an application to vary the antecedent order, and having heard evidence as to the financial circumstances of both the maintenance debtor and the maintenance creditor, make an order varying the antecedent order.

(10) Where on the hearing of the summons, having given to the maintenance debtor the explanations referred to in subsection (8), having given the maintenance debtor an opportunity to apply for legal advice and legal aid, and having heard such evidence as may be adduced by the maintenance creditor and the maintenance debtor, the judge is satisfied that the payment concerned has not been made and that the failure to make the payment concerned is not due to—

(a) the inability of the maintenance debtor to make the payment concerned by reason of a change in his or her financial circumstances which occurred since the antecedent order or an order varying that order was last made (whichever is the later), or

(b) some other reason not attributable to any act or omission of the maintenance debtor,

the judge may treat the failure by the maintenance debtor to make the payment concerned as constituting contempt of court and the judge may deal with the matter accordingly.

(11) Where a maintenance debtor to whom subsection (7) applies does not attend court on the date fixed for the hearing of the summons the judge may treat such failure to attend court as constituting contempt of court and the judge may deal with the matter accordingly.

(12) In this section “financial circumstances” means, in relation to a person—

(a) the amount of the person’s annual income,

(b) the aggregate value of all property (real and personal) belonging to the person,

(c) the aggregate of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,

(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and

(e) such other circumstances as the court considers appropriate.

(13) This section does not apply unless the antecedent order concerned was actually made by the District Court.]

Annotations

Amendments:

F19
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 146, S.I. No. 12 of 2016.

F20[

Certificate of outstanding payments

52B.— Where, pursuant to section 50, a court has made a maintenance order, a variation order or an interim order and directed that payments under the order be made to the District Court clerk, in any proceedings under this Act or under the Enforcement of Court Orders Acts 1926 to 2009, a certificate purporting to be signed by the relevant District Court clerk as to the amount of monies outstanding on foot of such order shall, until the contrary is shown, be evidence of the matters stated in the certificate.]

Annotations

Amendments:

F20
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 146, S.I. No. 12 of 2016.

PART 6

Attachment of Earnings

Attachment of earnings order.

53.— (1) For the purposes of this Part—

“attachment of earnings order” means an order directing that an employer deduct from the maintenance debtor’s earnings, at the times specified in the order, periodical deductions of the appropriate amounts specified in the order, having regard to the normal deduction rate and the protected earnings rate;

“court” means—

(a) the High Court, in respect of an application under this Part made by a person on whose application the High Court has made an antecedent order,

(b) the relevant Circuit Court, in respect of an application under this Part made by a person on whose application that court has made an antecedent order, and

(i) a person on whose application the District Court has made an antecedent order, or

(ii) a District Court clerk to whom payments are required to be made under an antecedent order;

“employer” includes a trustee of a pension scheme under which the maintenance debtor is receiving periodical pension benefits;

“normal deduction rate” means the rate at which the court considers it reasonable that the earnings to which the attachment of earnings order relates should be applied in satisfying the antecedent order, not exceeding the rate that appears to the court to be necessary for—

(a) securing payment of the sums falling due from time to time under the antecedent order, and

(b) securing payment within a reasonable period of any sums already due and unpaid under the antecedent order and any costs incurred in proceedings relating to the antecedent order payable by the maintenance debtor;

“protected earnings rate” means the rate below which, having regard to the needs of the maintenance debtor, the court considers it proper that the relevant earnings should not be reduced by a payment made in pursuance of the attachment of earnings order.

(2) The court may, on application to it on that behalf, make an attachment of earnings order if it is satisfied that the maintenance debtor is a person to whom earnings fall to be paid and that the order is desirable to secure payments under an antecedent order and any amendments, variations and affirmations of it.

(3) The court that makes an antecedent order, or an order that makes, varies or affirms on appeal an antecedent order, shall make an attachment of earnings order in the same proceedings if it is satisfied of the things mentioned in subsection (2).

(4) A person to whom an attachment of earnings order is directed shall pay the amounts ordered to be deducted—

(a) in the case of a relevant antecedent order that is an enforceable maintenance order, to the District Court clerk specified in the order for transmission to the maintenance creditor, and

(b) in any other case, as specified in the order, to the maintenance creditor or to the District Court clerk specified in the order for transmission to the maintenance creditor.

(5) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the maintenance debtor an opportunity to make representations, and shall have regard to any representations made, relating to whether the maintenance debtor—

(a) is a person to whom earnings fall to be paid, and

(b) would make the payments to which the relevant order relates.

(6) The court shall include in an attachment of earnings order the particulars required so that the person to whom the order is directed may identify the maintenance debtor.

(7) Payments under an attachment of earnings order are in lieu of payments of the like amount under the antecedent order that have not been made and that, but for the attachment of earnings order, would fall to be made under the antecedent order.

Compliance with attachment of earnings order.

54.— (1) The court registrar or court clerk specified in the attachment of earnings order shall cause the order to be served on the person to whom it is directed and on any person who subsequently becomes the maintenance debtor’s employer and of whom the registrar or clerk becomes aware.

(2) The service may be effected by leaving the order or a copy of it at the person’s residence or place of business in the State, or by sending the order or a copy of it, by registered prepaid post, to that residence or place of business.

(3) A person to whom an attachment of earnings order is directed shall comply with it if it is served on him or her but is not liable for non-compliance before 10 days have elapsed since the service.

(4) If a person to whom an attachment of earnings order is directed is not the maintenance debtor’s employer or ceases to be the maintenance debtor’s employer, the person shall, within 10 days from the date of service or the date of cesser, give notice of that fact to the court.

(5) The person shall give to the maintenance debtor a statement in writing of the total amount of every deduction made from a maintenance debtor’s earnings in compliance with an attachment of earnings order.

Application of sums received by District Court clerk.

55.— Payments made to a District Court clerk under an attachment of earnings order shall, when transmitted by the clerk to the maintenance creditor, be deemed to be payments made by the maintenance debtor so as to discharge—

(a) firstly, any sums payable under the antecedent order, and

(b) secondly, any costs in proceedings relating to the antecedent order payable by the maintenance debtor when the attachment of earnings order was made or last varied.

Statement as to earnings.

56.— (1) In relation to an attachment of earnings order or an application for one, the court may, before or at the hearing or while the order is in force, order—

(a) the maintenance debtor to give to the court, within a specified period, a signed statement in writing specifying—

(i) the name and address of every employer of the maintenance debtor,

(ii) particulars as to the maintenance debtor’s earnings and expected earnings, and resources and needs, and

(iii) particulars for enabling the employers to identify the maintenance debtor,

(b) a person appearing to the court to be an employer of the maintenance debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the maintenance debtor’s earnings and expected earnings.

(2) Notice of an application for an attachment of earnings order served on a maintenance debtor may include a requirement that the maintenance debtor give to the court, within the period and in the manner specified in the notice, a statement in writing of the matters referred to in subsection (1)(a) and of any other matters which are or may be relevant to the determination of the normal deduction rate and the protected earnings rate to be specified in the order.

(3) In any proceedings in relation to an attachment of earnings order, a statement given to the court in compliance with an order under paragraph (a) or (b) of subsection (1) or with a requirement under subsection (2) is admissible as evidence of the facts stated in it and a document purporting to be such a statement is deemed, unless the contrary is shown, to be a statement so given.

Notification of changes of employment and earnings.

57.— Where an attachment of earnings order is in force—

(a) the maintenance debtor shall notify in writing the court that made the order of every occasion on which he or she leaves employment, or becomes employed or re-employed, not later than 10 days after doing so,

(b) the maintenance debtor shall, on any occasion on which he or she becomes employed or re-employed, include in the notification particulars of his or her earnings and expected earnings, and

(c) any person who becomes an employer of the maintenance debtor and who knows that the order is in force and by which court it was made shall, within 10 days of the later of the date of becoming an employer of the maintenance debtor and the date of acquiring the knowledge, notify the court in writing that he or she has become such an employer, and include in the notification a statement of the debtor’s earnings and expected earnings.

Power to determine whether particular payments are earnings.

58.— (1) Where an attachment of earnings order is in force, the court that made the order shall, on the application of the maintenance debtor’s employer, the maintenance debtor or the person to whom payments are being made under the order, determine whether payments or portions of payments being made to the maintenance debtor that are of a class or description specified in the application are earnings for the purpose of the order.

(2) Where an application is made by the employer under subsection (1), the employer is not liable for non-compliance with the order as respects any payments or portions of payments of the class or description specified by the application that he or she makes while the application, a determination in relation to it or an appeal from the determination is pending.

(3) Subsection (2) does not apply if the employer subsequently withdraws the application or abandons the appeal.

Persons in service of State, local authority, etc.

59.— (1) This section applies when a maintenance debtor is in the service of the State, a local authority within the meaning of the Local Government Act 1941, a harbour authority within the meaning of the Harbours Acts 1946 to 2005, the Health Service Executive, F21[an education and training board], a committee of agriculture established by the Agriculture Act 1931, or another body if his or her earnings are paid directly out of moneys paid by the Oireachtas or from the Central Fund, or is a member of either House of the Oireachtas.

(2) For the purposes of this Part, the following officers are regarded as being the employers of the maintenance debtor and the earnings paid to the maintenance debtor out of the Central Fund or out of moneys provided by the Oireachtas are regarded as having been paid by them:

(a) in the case where the maintenance debtor is employed in a department, office, organisation, service, undertaking or other body, its chief officer, or any other officer that may be designated from time to time by the Minister of the Government by whom that body is administered;

(b) in the case where the maintenance debtor is in the service of an authority or body, its chief officer; and

(c) in any other case, where the maintenance debtor is paid out of the Central Fund or out of moneys provided by the Oireachtas, the Secretary of the Department of Finance or any other officer that may be designated from time to time by the Minister for Finance.

(3) A question that arises in proceedings for or arising out of an attachment of earnings order as to which body employs a maintenance debtor may be referred to and determined by the Minister for Finance, but he or she is not obliged to consider the reference unless it is made by the court.

(4) A document purporting to contain a determination by the Minister for Finance under subsection (3) and to be signed by an officer of that Minister shall, in any proceedings mentioned in that subsection, be admissible in evidence and be deemed, unless the contrary is shown, to contain an accurate statement of that determination.

Annotations

Amendments:

F21
Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72(1) and sch. 6 item 56, S.I. No. 211 of 2013.

Discharge, variation and lapse of attachment of earnings order.

60.— (1) The court that made an attachment of earnings order may, if it thinks fit, on the application of the maintenance creditor, the maintenance debtor or the District Court clerk on whose application the order was made, make an order discharging or varying that order.

(2) The employer on whom an order varying an attachment of earnings order is served shall comply with it but is not liable for non-compliance before 10 days have elapsed since the service.

(3) If an employer affected by an attachment of earnings order ceases to be the maintenance debtor’s employer, the order lapses insofar as that employer is concerned, except as respects deductions from earnings paid by the employer after the cesser and payment to the maintenance creditor of deductions from earnings made at any time by that employer.

(4) The lapse of an order under subsection (3) does not prevent its remaining in force for other purposes.

Cesser of attachment of earnings order.

61.— (1) An attachment of earnings order ceases to have effect upon the discharge of the relevant antecedent order, except as regards payments under the attachment of earnings order in respect of any time before the date of the discharge.

(2) The clerk or registrar of the court that made the attachment of earnings order shall give notice of a cesser to the employer.

Other remedies.

62.— (1) Where an attachment of earnings order has been made, any proceedings commenced under section 8(1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order lapses and any warrant or order issued or made under that subsection ceases to have effect.

(2) An attachment of earnings order ceases to have effect on the making of an order under section 8(1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order.

Enforcement.

63.— (1) A maintenance creditor who fails to obtain a sum of money due under an attachment of earnings order, or the District Court clerk to whom the sum falls to be paid, may sue for the sum as a simple contract debt in any court of competent jurisdiction, if the failure to obtain the sum is caused by—

(a) a person failing, without reasonable excuse, to comply with section 54(3) or (4), or 57, or an order under section 56 or 60(2), or

(b) a person, without reasonable excuse, giving a false or misleading statement under section 56(1) or notification under section 57.

(2) A person who gives to a court a statement pursuant to section 56 or a notification under section 57 that he or she knows to be false or misleading commits an offence and is liable on summary conviction to F22[a class C fine] or to imprisonment for a term not exceeding six months or to both.

(3) A person who contravenes section 54(5) commits an offence and is liable on summary conviction to F23[a class E fine].

Annotations

Amendments:

F22
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(c)(i), commenced on enactment. A class C fine means a fine not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.

F23
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 61(c)(ii), commenced on enactment. A class E fine means a fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(1), S.I. No. 662 of 2010.

PART 7

Miscellaneous Provisions Relating to Parts 5 and 6

Payments without deduction of income tax.

64.— A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 48 (insofar as it is deemed to be a maintenance order) or an attachment of earnings order shall be made without deduction of income tax.

Amendment of the Enforcement of Court Orders Act 1940.

65.— The references in sections 8(1) and (7) of the Enforcement of Court Orders Act 1940 (as amended by section 29 of the Family Law (Maintenance of Spouses and Children) Act 1976, section 22 of the Family Law Act 1995 and section 30 of the Family Law (Divorce) Act 1996) to an order shall be construed as including references to an antecedent order.

Property in household allowance.

66.— An allowance made by one civil partner to the other for the purpose of meeting household expenses, and any property or interest in property that was acquired out of the allowance, belong to the civil partners as joint owners, in the absence of any express or implied agreement between them to the contrary.

Voidance of certain provisions of agreements.

67.— An agreement between civil partners is void to the extent to which it would have the effect of excluding or limiting the operation of any provision in Part 5 or Part 6.

F24[

Birth and funeral expenses of dependent child

67A.— (1) The court may make an order (in this section referred to as a “lump sum order”) where it appears to the court on application by a civil partner in relation to a dependent child of the civil partners that the other civil partner has failed to make such contribution as is proper in the circumstances towards the expenses incidental to either or both—

(a) the birth of a child who is a dependent child or who would have been a dependent child were he or she alive at the time of the application for a lump sum order,

(b) the funeral of a child who was a dependent child or who would have been a dependent child had he or she been born alive,

and any lump sum order shall direct the respondent civil partner to pay to the applicant a lump sum not exceeding €4,000, but no such order shall direct the payment of an amount exceeding €2,000 in respect of the birth of a child to whom this section relates or €2,000 in respect of the funeral of such a child.

(2) Subsection (3) of section 45 shall apply for the purpose of determining the amount of any lump sum under this section as it applies for the purpose of determining the amount of any payment under that section.

(3) (a) Nothing in this section, apart from this subsection, shall prejudice any right of a person otherwise to recover moneys expended in relation to the birth or funeral of a child.

(b) Where an application for a lump sum order has been determined, the applicant shall not be entitled otherwise to recover from the respondent moneys in relation to matters so determined.]

Annotations

Amendments:

F24
Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 147, S.I. No. 12 of 2016.

PART 8

Succession

Interpretation.

68.— In this Part, “Act of 1965” means the Succession Act 1965.

Amendment of section 3 of Act of 1965.

69.— Section 3(1) of the Act of 1965 is amended—

(a) by inserting the following definition:

“‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

and

(b) by substituting the following for the definition of “legal right”:

“‘legal right’ means—

(a) the right of a spouse under section 111 to a share in the estate of a deceased person, and

(b) the right of a civil partner under section 111A to a share in the estate of a deceased person;”.

Amendment of section 56 of Act of 1965.

70.— Section 56 of the Act of 1965 is amended—

(a) by inserting “or civil partner” after “spouse” wherever it appears, and

(b) in subsections (9), (10) and (12) by replacing “the spouse’s” with “his or her” wherever it appears.

Amendment of section 58 of Act of 1965.

71.— Section 58(6) of the Act of 1965 is amended by inserting “or civil partner” after “spouse”.

Amendment of section 67 of Act of 1965.

72.— Section 67 of the Act of 1965 is amended—

(a) in subsection (2)(b), by substituting “section 67B(2)” for “subsection (4)”, and

(b) by repealing subsections (3) and (4).

Insertion of new sections in Act of 1965.

73.— The Act of 1965 is amended by inserting the following after section 67:

“

Shares of surviving civil partner and issue.

67A.— (1) If an intestate dies leaving a civil partner and no issue, the civil partner shall take the whole estate.

(2) If an intestate dies leaving a civil partner and issue—

(a) subject to subsections (3) to (7), the civil partner shall take two-thirds of the estate; and

(b) the remainder shall be distributed among the issue in accordance with section 67B(2).

(3) The court may, on the application by or on behalf of a child of an intestate who dies leaving a civil partner and one or more children, order that provision be made for that child out of the intestate’s estate only if the court is of the opinion that it would be unjust not to make the order, after considering all the circumstances, including—

(a) the extent to which the intestate has made provision for that child during the intestate’s lifetime,

(b) the age and reasonable financial requirements of that child,

(d) the intestate’s obligations to the civil partner.

(4) The court, in ordering provision of an amount under subsection (3) shall ensure that—

(a) the amount to which any issue of the intestate is entitled shall not be less than that to which he or she would have been entitled had no such order been made, and

(b) the amount provided shall not be greater than the amount to which the applicant would have been entitled had the intestate died leaving neither spouse nor civil partner.

(5) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.

(6) The costs in the proceedings shall be at the discretion of the court.

(7) An order under this section shall not be made except on an application made within 6 months from the first taking out of representation of the deceased’s estate.

Share of issue where no surviving spouse or surviving civil partner.

67B.— (1) If an intestate dies leaving issue and no spouse or civil partner, the estate shall be distributed among the issue in accordance with subsection (2).

(2) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.”.

Amendment of section 68 of Act of 1965.

74.— Section 68 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse”.

Amendment of section 69 of Act of 1965.

75.— Section 69 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse” wherever it appears.

Amendment of section 70 of Act of 1965.

76.— Section 70 of the Act of 1965 is amended by inserting “nor civil partner” after “spouse”.

Amendment of section 82 of Act of 1965.

77.— Section 82(1) of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

Amendment of section 83 of Act of 1965.

78.— Section 83 of the Act of 1965 is amended by inserting “or civil partner” after “spouse”.

Amendment of section 85 of Act of 1965.

79.— Section 85(1) of the Act of 1965 is amended by inserting “or entry into a civil partnership” after “marriage” wherever it appears.

Amendment of section 109 of Act of 1965.

80.— Section 109(1) of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

Insertion of section 111A in Act of 1965.

81.— The Act of 1965 is amended by inserting the following section after section 111:

“

Right of surviving civil partner.

111A.— (1) If the testator leaves a civil partner and no children, the civil partner shall have a right to one-half of the estate.

(2) Subject to section 117(3A), if the testator leaves a civil partner and children, the civil partner shall have a right to one-third of the estate.”.

Amendment of section 112 of Act of 1965.

82.— Section 112 of the Act of 1965 is amended by inserting “or the right of a civil partner under section 111A” after “section 111”.

Insertion of section 113A in Act of 1965.

83.— The Act of 1965 is amended by inserting the following section after section 113:

“

Renunciation of legal right.

113A.— The legal right of a civil partner may be renounced in an ante-civil-partnership-registration contract made in writing between the parties to an intended civil partnership or may be renounced in writing by the civil partner after registration and during the lifetime of the testator.”.

Amendment of section 114 of Act of 1965.

84.— Section 114 of the Act of 1965 is amended by inserting “or civil partner” after “spouse” wherever it appears.

Amendment of section 115 of Act of 1965.

85.— Section 115 of the Act of 1965 is amended—

(a) by inserting “or civil partner” after “spouse” wherever it appears, and

(b) in subsection (5), by inserting “or civil partner’s” after “spouse’s”.

Amendment of section 117 of Act of 1965.

86.— Section 117 of the Act of 1965 is amended by inserting the following subsection after subsection (3):

“(3A) An order under this section shall not affect the legal right of a surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.”.

Amendment of section 120 of Act of 1965.

87.— Section 120 of the Act of 1965 is amended—

(a) by inserting the following subsection after subsection (2):

“(2A) A deceased’s civil partner who has deserted the deceased is precluded from taking any share in the deceased’s estate as a legal right or on intestacy if the desertion continued up to the death for two years or more.”,

(b) by inserting the following subsection after subsection (3):

“(3A) A civil partner who was guilty of conduct which justified the deceased in separating and living apart from him or her is deemed to be guilty of desertion within the meaning of subsection (2A).”,

Amendment of section 121 of Act of 1965.

88.— Section 121 of the Act of 1965 is amended in subsections (2), (5) and (7) by inserting “or civil partner” after “spouse” wherever it appears.

Amendment of section 45 of Statute of Limitations 1957.

89.— Section 45(1) of the Statute of Limitations 1957, as inserted by the Succession Act 1965, is amended by inserting “or section 111A” after “section 111”.

PART 9

Domestic Violence

Interpretation.

90.— In this Part, “Act of 1996” means the Domestic Violence Act 1996.

Amendment of section 1 of Act of 1996.

91.— Section 1(1) of the Act of 1996 is amended by inserting the following definitions:

“‘Act of 2010’ means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

‘civil partner’ has the meaning assigned to it by the Act of 2010 and includes a person who was a civil partner in a partnership that has been dissolved under that Act;”.

Amendment of definition of “the applicant” in section 2 of Act of 1996.

92.— The definition “the applicant” in section 2(1)(a) of the Act of 1996 is amended by inserting the following subparagraph after subparagraph (i):

“(ia) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or”.

Amendment of section 3 of Act of 1996.

93.— Section 3(1) of the Act of 1996 is amended by inserting the following paragraph after paragraph (a):

“(aa) is the civil partner of the respondent, or a person who was a party to a civil partnership with the respondent that has been dissolved under the Act of 2010, or”.

Insertion of section 8A of Act of 1996.

94.— The Act of 1996 is amended by inserting the following section after section 8:

“Application of orders restricting disposal or removal of household chattels.

8A.— (1) Section 34(2) (which restricts the right of a civil partner to dispose of or remove household chattels) of the Act of 2010 shall apply between the making of an application against the civil partner of the applicant for a barring order or a safety order and its determination, and if an order is made, while the order is in force, as it applies between the institution and final determination of dissolution proceedings to which that section relates.

(2) A court which is empowered under section 34(2)(b) of the Act of 2010 to grant permission for any disposition or removal of household chattels within the meaning of that section is, notwithstanding anything in section 140 of that Act, the court before which the proceedings (including any proceedings for a barring order or a safety order) have been instituted.”.

Amendment of section 9 of Act of 1996.

95.— Section 9(2) of the Act of 1996 is amended by inserting the following paragraph after paragraph (c):

“(cc) an order under section 30, 34 or 45 of the Act of 2010;”.

Amendment of section 13 of Act of 1996.

96.— Section 13(2) of the Act of 1996 is amended by inserting “or any annulment or dissolution proceedings under the Act of 2010,” after “matrimonial cause or matter”.

PART 10

Miscellaneous Consequences of Civil Partnership Registration

Ethics and conflict of interests.

97.— (1) For the purposes of determining matters concerning ethics and conflicts of interests under any rule of law or enactment—

(a) with respect to a person, a reference to a “connected per son” or a “connected relative” of that person shall be construed as including the person’s civil partner and the child of the person’s civil partner who is ordinarily resident with the person and the civil partner, and

(b) a declaration that must be made in relation to a spouse of a person shall also be made in relation to a civil partner of a person.

(2) Without limiting the generality of subsection (1), the Acts specified in Part 1 of the Schedule are amended as indicated in that Schedule.

Amendment of Mental Health Act 2001.

98.— (1) In this section, “Act of 2001” means the Mental Health Act 2001.

(2) Section 2(1) of the Act of 2001 is amended by inserting the following definition:

“‘civil partner’ means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(3) Section 9 of the Act of 2001 is amended—

(a) in paragraph (1)(a), by inserting “or civil partner” after “spouse”,

(b) in paragraphs (2)(b) and (f), by inserting “or civil partner” after “spouse”, and

“‘civil partner’ in relation to a person, does not include a civil partner of the person who is living separately and apart from the person or in respect of whom an application or order has been made under the Domestic Violence Acts 1996 and 2002 as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(4) Section 10(3)(c) of the Act of 2001 is amended by inserting “, a civil partner” after “spouse”.

(5) Section 14(3)(a) of the Act of 2001 is amended by inserting “, a civil partner” after “spouse”.

(6) Section 24(1) of the Act of 2001 is amended by inserting “, civil partner” after “spouse”.

Pensions.

99.— (1) A benefit under a pension scheme that is provided for the spouse of a person is deemed to provide equally for the civil partner of a person.

(2) Without limiting the generality of subsection (1), the Acts specified in Part 2 of the Schedule are amended as indicated in that Schedule.

(3) In this section “pension scheme” has the meaning assigned to it by section 109.

Amendment of the Pensions Act 1990.

100.— The Pensions Act 1990 is amended—

(a) in section 65(1) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by deleting the definition of “marital status” and inserting the following definition:

“‘civil status’ means civil status within the meaning of the Civil Registration Act 2004 as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

(b) in section 66(2)(a)(ii) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” in subparagraph (a)(ii),

(c) in section 66(2)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” wherever it appears,

(d) in section 67(1)(b) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” wherever it appears,

(e) in section 72 (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status” wherever it appears, and

(f) in section 75(1) (substituted by section 22(1) of the Social Welfare (Miscellaneous Provisions) Act 2004), by substituting “civil status” for “marital status”.

Amendment of Criminal Damage Act 1991.

101.— Section 1 of the Criminal Damage Act 1991 (as amended by the Family Law (Divorce) Act 1996) is amended by inserting the following subsection after subsection (3):

“(3A) A reference to any property belonging to another, however expressed, shall be construed as a reference to a shared home as respects an offence under section 2, 3(a) or 4(a) if—

(a) the property is either a shared home or a dwelling, within the meaning of section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, in which a person who was a civil partner in a civil partnership that has been dissolved under that Act ordinarily resided with his or her former civil partner before the dissolution, and

(b) the person charged—

(i) is the civil partner, or was the civil partner until the dissolution of their civil partnership, of a person who resides, or is entitled to reside, in the home, and

(ii) is the subject of a protection order or barring order or is excluded from the home pursuant to an order under the Domestic Violence Act 1996 as amended by Part 9 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or another order of a court.”.

Amendment of Employment Equality Act 1998.

102.— (1) In this section, “Act of 1998” means the Employment Equality Act 1998.

(2) Section 2(1) of the Act of 1998 is amended—

(a) by inserting the following definition:

“‘civil status’ means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;”;

(b) by deleting the definition “marital status”; and

(c) by inserting, in paragraphs (a) and (b) of the definition “member of the family”, “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse” wherever it appears.

(3) The Act of 1998 is amended by substituting “civil status” for “marital status” wherever it appears.

Amendment of Equal Status Act 2000.

103.— (1) In this section, “Act of 2000” means the Equal Status Act 2000.

(2) Section 2(1) of the Act of 2000 is amended—

(a) by inserting the following definition:

(b) by deleting the definition “marital status”, and

(c) by inserting, in the definition “near relative”, “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

(3) The Act of 2000 is amended by substituting “civil status” for “marital status” wherever it appears.

Amendment of Powers of Attorney Act 1996.

104.— (1) In this section, “Act of 1996” means the Powers of Attorney Act 1996.

(2) Section 5 of the Act of 1996 is amended—

(a) by inserting, in subsection (4)(b), “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”, and

(b) by inserting the following subsection after subsection (7):

“(7A) An enduring power in favour of a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 shall, unless the power provides otherwise, be invalidated or, as the case may be, cease to be in force if subsequently—

(a) a decree of nullity or a decree of dissolution of the civil partnership is granted or recognised under the law of the State,

(b) a written agreement to separate is entered into between the civil partners, or

(c) a protection order, interim barring order, barring order or safety order is made against the attorney on the application of the donor, or vice versa.”.

(3) Section 6(7)(b)(iii)(II) of the Act of 1996 is amended by inserting “or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

(4) The First Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3(1)(a):

“(aa) the donor’s civil partner, within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”.

(5) Part I of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 2A (inserted by the Family Law (Divorce) Act 1996):

“2B. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.

(6) Part II of the Second Schedule to the Act of 1996 is amended by inserting the following paragraph after paragraph 3:

“4. The expiry of an enduring power of attorney effected in the circumstances mentioned in section 5(7A) shall apply only so far as it relates to an attorney who is the civil partner of the donor.”.

Amendment of Civil Liability Act 1961.

105.— Paragraph (a) of the definition “dependant” in section 47(1) (as amended by section 1(1) of the Civil Liability (Amendment) Act 1996) of the Civil Liability Act 1961 is amended by inserting “, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010” after “spouse”.

Determination of questions between civil partners in relation to property.

106.— (1) Either civil partner may apply to the court in a summary manner to determine a question arising between them as to the title to or possession of property.

(2) The court may, on application to it under subsection (1)—

(a) make the order it considers proper with respect to the property in dispute (including an order that the property be sold or partitioned), and as to the costs consequent on the application, and

(b) direct the inquiries, and give the other directions, it considers proper in relation to the application.

(3) A civil partner or a child of a deceased person who was a civil partner before death may make an application under subsection (1) when he or she is of the view that the conditions specified in subsection (4) are present.

(4) The conditions for an application under subsection (3) are:

(a) the applicant claims that the other civil partner has possessed or controlled—

(i) money to which, or a share of which, the applicant was beneficially entitled whether because it represented the proceeds of sale of property to which, or to an interest in which, the applicant was beneficially entitled or for any other reason, or

(ii) property other than money to which, or to an interest in which, the applicant was beneficially entitled;

and

(b) the money or the property has ceased to be in the possession or under the control of the other civil partner or the applicant does not know whether it is still in the possession or under the control of the other civil partner.

(5) If the court is satisfied on an application under subsections (1) and (3) of the matters specified in subsection (6), the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of that order, make an order requiring the other civil partner to pay to the applicant—

(a) a sum in respect of the money to which the application relates, or the applicant’s proper share of it, or

(b) a sum in respect of the value of the property other than money, or the applicant’s proper share of it.

(6) For the purposes of subsection (5), the court must be satisfied that—

(a) the other civil partner possesses or controls, or has possessed or controlled, money or other property referred to in subsection (4)(a)(i) or (ii), and

(b) the other civil partner has not made to the applicant a payment or disposition other than a testamentary disposition that would have been appropriate in the circumstances.

(7) A person (other than the applicant or the other civil partner) who is a party to proceedings under this section shall be treated as a stakeholder only, for the purposes of costs or any other matter.

(8) In this section, references to a civil partner include references to—

(a) a personal representative of a deceased civil partner, and

(b) either of the parties to a void civil partnership, whether or not it has been the subject of a decree of nullity granted under section 107.

S.I. No. 649/2010 –

Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st December, 2010.

I, DERMOT AHERN, Minister for Justice and Law Reform, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010), and having complied with subsection (1) of that section, hereby order as follows:

1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2010.

2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule, is declared to be entitled to be recognised as a civil partnership.

Article 2

Schedule

ReferenceNumber(1)

Jurisdiction(2)

Title of Relationship(3)

Argentina

Marriage

Austria

Eingetragene Partnerschaft-Gesetz

Belgium

Marriage

Canada

Marriage

Czech Republic

Registrované partnerství

Denmark

Registreret partnerskab

Finland

Rekisterity parisuhde

Germany

Eingetragene lebenspartnerschaft

Iceland

(a) Stafest samvist(b) Marriage

10.

Mexico City

Marriage

11.

Netherlands

Marriage

12.

New Zealand

Civil Union

13.

Norway

(a) Registrert partnerskap(b) Marriage

14.

Portugal

Marriage

15.

South Africa

Marriage

16.

Spain

Marriage

17.

Sweden

(a) Registrerat partnerskap(b) Marriage

18.

Switzerland

Eingetragene Partnerschaft / Partenariat enregistré

19.

United Kingdom

Civil Partnership

20.

California (United States of America)

Marriage

21.

Connecticut (United States of America)

(a) Civil Union(b) Marriage

22.

Iowa (United States of America)

Marriage

23.

Massachusetts (United States of America)

Marriage

24.

New Hampshire (United States of America)

(a) Civil Union(b) Marriage

25.

New Jersey (United States of America)

Civil Union

26.

Vermont (United States of America)

(a) Civil Union(b) Marriage

27.

Washington D.C. (United States of America)

Marriage

/images/ls

GIVEN under my Official Seal,

23 December 2010.

DERMOT AHERN,

Minister for Justice and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Law Reform being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

S.I. No. 642/2011 –

Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th December, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011) ( S.I. No. 138 of 2011 )), and having complied with subsection (1) of that section, hereby order as follows:

1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2011.

Schedule

Article 2

Reference

Number

(1)

Jurisdiction

(2)

Title of

Relationship

(3)

Isle of Man

Civil Partnership

South Africa

Civil Partnership

Illinois (United States of America)

Civil Union

New York (United States of America)

Marriage

Oregon (United States of America)

Domestic Partnership

Rhode Island (United States of America)

Civil Union

/images/ls

GIVEN under my Official Seal,

4 December 2011.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

S.I. No. 505/2012 –

Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012.

View SIAmendments
Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th December, 2012.

1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2012.

Article 2

SCHEDULE

Reference Number

(1)

Jurisdiction

(2)

Title of Relationship

(3)

Denmark

Marriage

Delaware (United States of America)

Civil Union

Hawaii (United States of America)

Civil Union

Washington (United States of America)

Marriage

/images/ls

GIVEN under my Official Seal,

10 December 2012.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

S.I. No. 490/2013 –

Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013.

View SIAmendments
Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th December, 2013.

1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2013.

Schedule

Article 2

Reference Number

(1)

Jurisdiction

(2)

Title of Relationship (3)

Australian Capital Territory (Australia)

Marriage

Brazil

Marriage

France

Marriage

Jersey

Civil Partnership

Quintana Roo (Mexico)

Marriage

New Zealand

Marriage

Colorado (United States of America)

Civil Union

Delaware (United States of America)

Marriage

Maine (United States of America)

Marriage

10.

Maryland (United States of America)

Marriage

11.

Minnesota (United States of America)

Marriage

12.

New Jersey (United States of America)

Marriage

13.

Rhode Island (United States of America)

Marriage

14.

Uruguay

Marriage

/images/ls

GIVEN under my Official Seal,

10 December 2013.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .

S.I. No. 132/2016 –

Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th March, 2016.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), and having complied with subsection (1) of that section, hereby order as follows:

1. This Order may be cited as the Civil Partnership (Recognition of Registered Foreign Relationships) Order 2016.

2. A class of legal relationship specified in column (3) of the Schedule opposite a reference number specified in column (1) of the Schedule, and entered into by two parties of the same sex, in the jurisdiction specified in column (2) of the Schedule opposite the mention of that reference number in column (1) of the Schedule is declared to be entitled to be recognised as a civil partnership.

Schedule

Article 2

Reference number (1)

Jurisdiction (2)

Title of Relationship (3)

Croatia

ivotnog partnerstva

Gibraltar

Civil Partnership

Liechtenstein

Lebenspartnerschaft

Malta

Civil Union

/images/ls

GIVEN under my Official Seal,

3 March 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

This Order declares certain classes of registered foreign relationship to be entitled to be recognised in the State as a civil partnership. The Order is made on the basis of the Minister for Justice and Equality being satisfied that the class of foreign relationship complies with subsection (1) of section 5 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

CIVIL REGISTRATION ACT

F192[PART 7A

Registration of Civil Partnerships ]

Annotations

Amendments:

F192
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

Section 59A
F193[

Definitions (Part 7A).

59A.—In this Part—

“civil partnership registration form” means a form prescribed under section 59C;

F194[“place that is open to the public” has the meaning given by section 59D(1A);]

“register” means the register of civil partnerships.]

Annotations

Amendments:

F193
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F194
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 20, S.I. No. 357 of 2015.

Section 59B
F195[

Notification of civil partnerships.

59B.—F196[…]]

Annotations

Amendments:

F195
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F196
Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(b), S.I. No. 504 of 2015.

Editorial Notes:

E90
Previous affecting provision: subs. (6) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 21(a), not commenced; section repealed as per F-note above.

E91
Previous affecting provision: subs. (6A) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 21(b), S.I. No. 357 of 2015; section repealed as per F-note above.

E92
Power pursuant to subs. (5) exercised (1.01.2011) by Civil Registration (Delivery of Notification of Intention to Enter into a Civil Partnership) (Prescribed Circumstances) Regulations 2010 (S.I. No. 666 of 2010), in effect as per reg. 1(2).

E93
Previous affecting provision: power pursuant to section exercised (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), in effect as per reg. 2; revoked (16.11.2015) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2015 (S.I. No. 502 of 2015), reg. 9, in effect as per reg. 2.

E94
Previous affecting provision: power pursuant to subs. (6) exercised (1.01.2011) by Civil Registration (Civil Partnerships) (Fees) Regulations 2010 (S.I. No. 669 of 2010), in effect as per reg. 1(2); revoked (23.01.2013) by Civil Registration (Births, Deaths, Marriages and Civil Partnerships) (Fees) Regulations 2013 (S.I. No. 17 of 2013), reg. 9(c), in effect as per reg. 2.

E95
Previous affecting provision: section inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010; repealed as per F-note above.

Section 59C
F197[

Civil partnership registration form.

59C.— (1) F198[…]

(2) F198[…]

(3) F198[…]

(4) F198[…]

(5) The Minister may prescribe the civil partnership registration form.]

Annotations

Amendments:

F197
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F198
Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(c), S.I. No. 504 of 2015.

Editorial Notes:

E96
Power pursuant to subs. (5) exercised (1.01.2011) by Civil Registration (Civil Partnership Registration Form) Regulations 2010 (S.I. No. 671 of 2010), in effect as per reg. 1(2).

E97
Previous affecting provision: subs. (4) amended by Civil Registration (Amendment) Act 2014 (34/2014), s. 22, not commenced; repealed as per F-note above.

Section 59D
F199[

Civil partnership registration.

59D.— (1) F200[…]

F201[(1A) F200[…]]

(2) F200[…]

(3) F200[…]

(4) F200[…]

(5) F200[…]

(6) (a) F200[…]

(b) F200[…]

(c) As soon as practicable after the signatures and counter-signature, the registrar shall F202[…] enter the particulars in relation to the civil partnership in the register and register the civil partnership in a manner that an tArd-Chláraitheoir may direct.

(7) Where an tArd-Chláraitheoir is satisfied that a duly signed civil partnership registration form has been lost, destroyed or damaged, he or she may direct the appropriate registrar—

(a) to complete another civil partnership registration form and arrange, insofar as it is practicable to do so, for its signature by the persons referred to in subsection (1), and

(a) an tArd-Chláraitheoir shall direct a registrar to cancel the entry,

(b) the registrar shall cancel the entry, and

Annotations

Amendments:

F199
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F200
Deleted (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(d), S.I. No. 504 of 2015.

F201
Inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 23(a), S.I. No. 357 of 2015.

F202
Deleted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 23(b), S.I. No. 357 of 2015.

Editorial Notes:

E98
Power pursuant to subs. (8) exercised (1.01.2011) by Civil Registration (Register of Civil Partnerships) (Correction of Errors) Regulations 2010 (S.I. No. 668 of 2010), in effect as per reg. 1(2).

Section 59E
F203[Places and times for registration of civil partnerships.

59E.—F204[…]]

Annotations

Amendments:

F203
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F204
Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(e), S.I. No. 504 of 2015.

Editorial Notes:

E99
Previous affecting provision: subs. (5) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 24, S.I. No. 357 of 2015; repealed as per F-note above.

Section 59F
F205[Objections.

59F.—F206[…]]

Annotations

Amendments:

F205
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F206
Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(f), S.I. No. 504 of 2015.

Modifications (not altering text):

Editorial Notes:

E100
Previous affecting provision: section amended by Assisted Decision-Making (Capacity) Act 2015 (64/2015), s. 143(d), not commenced prior to repeal of section; section repealed as per F-note above.

E101
Previous affecting provision: subss. (4)(cc), (4A)-(4C), (6A) and (8A) inserted (18.08.2015) by Civil Registration (Amendment) Act 2014 (34/2014), s. 25, S.I. No. 357 of 2015; section repealed as per F-note above.

Section 59G
F207[Where interpretation required.

59G.—F208[…]]

Annotations

Amendments:

F207
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F208
Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(g), S.I. No. 504 of 2015.

Section 59H
F209[Effect of registration.

59H.—F210[…]]

Annotations

Amendments:

F209
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F210
Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(h), S.I. No. 504 of 2015.

Section 59I
F211[Effect of this Part.

59I.—F212[…]]

Annotations

Amendments:

F211
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 16, S.I. No. 648 of 2010.

F212
Repealed (16.11.2015) by Marriage Act 2015 (35/2015), s. 8(i), S.I. No. 504 of 2015.

Section 59IA
F213[

Civil Partnership ceremonies performed at certain embassies or diplomatic missions

59IA. (1) This section applies to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State.

(2) A civil partnership to which this section applies, subject to subsection (3), shall be and shall be deemed always to have been valid as to form as if it would have been so valid had it been a civil partnership registered in the State in compliance with this Act.

(3) This section shall not operate to validate a civil partnership to which this section applies where—

(a) an impediment to the civil partnership existed on the date that the ceremony of civil partnership took place,

(b) the parties to the ceremony of civil partnership have obtained a decree of dissolution of civil partnership under section 110 of the Act of 2010, or a decree of nullity of civil partnership, and for the purposes of this paragraph, a decree obtained, where legal proceedings resulting in the decree were begun but not completed prior to the commencement of this section, shall be taken to have been obtained before that commencement,

(d) the parties to the civil partnership have entered into a later civil partnership with each other.

(4) Nothing in the application of this section to a civil partnership where the ceremony of civil partnership took place during the period commencing on 1 January 2011 and ending on the day before the commencement of this section, in an embassy or diplomatic mission in the State—

(a) gives or affects any entitlement to an interest—

(i) under the will or codicil of, or on the intestacy of, a person who dies before the commencement of this section, or

(ii) under a settlement or other disposition of property made before that commencement (otherwise than by will or codicil),

(b) gives or affects any entitlement to a benefit, allowance, pension or other payment—

(i) payable before, or in respect of a period before, commencement of this section, or

(ii) payable in respect of the death of a person before that commencement,

(5) If subsections (1) to (5) would, but for this subsection, conflict with a constitutional right of any person, the operation of those subsections shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

(6) This section shall not apply to a civil partnership where the ceremony of civil partnership takes place on or after the commencement of this section, in an embassy or diplomatic mission in the State.]

Annotations

Amendments:

F213
Inserted (20.11.2020) by Civil Registration (Amendment) Act 2014 (34/2014), s. 26(1), S.I. No. 550 of 2020, subject to transitional provision in subs. (2).

Editorial Notes:

E102
The section heading is taken from the amending section in the absence of one included in the amendment.

F214[PART 7B

Registration of Decrees of Dissolution of Civil Partnership and Decrees of Nullity of Civil Partnership

]

Annotations

Amendments:

F214
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 17, S.I. No. 648 of 2010.

Section 59J
F215[

Registration of decrees of dissolution and decrees of nullity of civil partnership.

(4) The Courts Service shall notify an tArd-Chláraitheoir of an amendment or cancellation under subsection (3).

(5) This section has effect notwithstanding any statutory provision that conflicts with it.]

Annotations

Amendments:

F215
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 17, S.I. No. 648 of 2010.

F216[Part 7C

Dissolution and Transitional]

Annotations

Amendments:

F216
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 10, S.I. No. 504 of 2015.

Section 59K
F217[

Registration of dissolution of civil partnership on marriage

59K. Where a civil partnership which is registered in the register of civil partnerships stands dissolved by virtue of section 109A (inserted by section 11 of the Marriage Act 2015) of the Act of 2010 on the marriage of two persons solemnised under and in accordance with this Act, the registrar shall enter that dissolution as a particular in the entry concerning that civil partnership in that register.]

Annotations

Amendments:

F217
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 10, S.I. No. 504 of 2015.

Section 59L
F218[

Transitional provisions consequent on Marriage Act 2015

59L. (1) On the commencement of section 8 of the Marriage Act 2015, a notification of an intention to enter into a civil partnership given under section 59B and in force immediately before that commencement, may, if requested by the parties concerned, be taken to be and treated by a registrar as if it were a notification of their intention to marry given under section 46.

(2) Notwithstanding the commencement of section 8 of the Marriage Act 2015,the provisions of this Act referred to in that section shall continue to apply—

(a) where a civil partnership registration form was duly completed under section 59C and that form is valid under subsection (4) of that section immediately before that commencement, or

(b) in relation to a civil partnership registration in respect of which an objection under section 59F is made, whether the objection is made before or after that commencement.]

Annotations

Amendments:

F218
Inserted (16.11.2015) by Marriage Act 2015 (35/2015), s. 10, S.I. No. 504 of 2015.

PART 8

District Court Rules

Order 54A

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

: S.I. No. 17 Of 2016

Definitions

1. In this Order—“the Act” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010).

Venue

2. (1) Proceedings under the Act may be brought, heard and determined at any sitting of the Court for the court area where either party to the proceedings ordinarily resides or carries on any profession, business or occupation.

(2) Where the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situate, certifies on a summons or a notice of application that the proceedings are urgent, the summons or notice may be issued for, and the proceedings may be heard and determined at, any sitting of the Court in that district.

Hearing to be otherwise than in public

3. Proceedings under the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses (subject to the provisions of Order 8, rule 2) and such other persons as the Judge in his or her discretion shall allow, shall be permitted to be present at the hearing.

Civil partnership or cohabitation proceedings

Necessary modifications to forms used in civil partnership or cohabitation proceedings

4. Where provided in this Order or where otherwise appropriate, a Form prescribed for use in proceedings under the Family Law (Maintenance of Spouses and Children) Act 1976 or, as the case may be, the Family Home Protection Act 1976, is prescribed for use in proceedings under the Act with the necessary modifications, such modifications shall include that:

(a) there shall be substituted for the reference to a provision of the Family Law (Maintenance of Spouses and Children) Act 1976 or, as the case may be, the Family Home Protection Act 1976 and the reference to that Act references respectively to the corresponding provision of the Act and to the Act, and

(b) there shall be substituted for references to a spouse reference to a civil partner or, as the case may be, a qualified cohabitant.

Applications for maintenance and related orders

5. (1) An application:

(a) by a civil partner for a maintenance order under section 45(1) of the Act, or

(b) by a qualified cohabitant for an order under section 175 of the Act,

shall be preceded by the issue and service upon the respondent of a summons in the Form 54.1, Schedule C with the necessary modifications.

(2) An application by a qualified cohabitant for an order under section 194 of the Act shall be preceded by the issue and service upon the legal personal representative of the cohabitant of a summons in the Form 54A.1, Schedule C.

(3) The order of the Court granting an application mentioned in sub-rule (1) shall be in the Form 54.5, Schedule C with the necessary modifications. The order of the Court granting an application mentioned in sub-rule (2) shall be in the Form 54A.2, Schedule C.

Application to discharge maintenance

6. An application by a maintenance debtor for the discharge of a maintenance order after one year from the time it is made under section 46(1) of the Act shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.9 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.10 Schedule C with the necessary modifications.

Application to discharge or vary order

7. An application at any time by either party to the proceedings under section 46(2) of the Act or, as the case may be, under section 173(6) of the Act, to discharge or vary a maintenance order made by the District Court shall be preceded by the issue and service upon the other party of a summons in the Form 54.11 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.12 Schedule C with the necessary modifications.

Interim order

8. An interim order made by the Court under section 47 of the Act shall be in the Form 54.13 Schedule C with the necessary modifications.

Application for lump sum order for birth/funeral expenses

8A. An application by a civil partner under section 67A(1) of the Act (inserted by section 147 of the Children and Family Relationships Act 2015) for a lump sum order in respect of the expenses incidental to the birth or funeral of a dependent child shall be preceded by the issue and service upon the other civil partner of a summons in the Form 54.14 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.15 Schedule C with the necessary modifications.

Clerk to send copy of order

9. (1) Where the Court makes an order under section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act, the Clerk shall give to, or send by registered prepaid post to the maintenance debtor or to the respondent party (as the case may be) a copy of the order so made.

(2) A copy of an order mentioned in sub-rule (1) given or sent to a maintenance debtor shall, where maintenance payments continue to be due by the maintenance debtor, have endorsed on it, or be accompanied by a notice containing the following statement:

“This order is made by the District Court. If you the maintenance debtor fail to make a payment due under this order, you may be liable to imprisonment for contempt of court.

In certain limited circumstances (including a material change of circumstances since the order was made or last varied), the District Court can vary the terms of this order. If you believe that such circumstances arise and are concerned that you may not be able to comply with the terms of this order and would like to apply for a variation, you should consult a solicitor or contact the District Court Clerk at …….”.

Application for direction that payments be made to Clerk

10. An application by a maintenance creditor under section 50(1)(b) of the Act for a direction that payments under a maintenance order, a variation order or an interim order be made to the Clerk shall be made ex parte. Notice of such application in the Form 54.16 Schedule C with the necessary modifications, signed by the maintenance creditor or by his or her solicitor, shall be lodged with the Clerk at least 48 hours prior to the date of the intended application. The order of the Court granting the application shall be in the Form 54.17 Schedule C with the necessary modifications.

Payments to the Clerk

11. (1) Where the Court makes a maintenance order, variation order or interim order pursuant to section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act and directs that payments under such order shall be made to the Clerk, such Clerk shall send a notice in the Form 54.18 Schedule C with the necessary modifications by prepaid ordinary post to the maintenance debtor indicating the place at which and the days and hours during which payments under the order should be made.

(2) The Clerk shall give a receipt to the maintenance debtor for each payment made by him or her and shall transmit such payment to the maintenance creditor or, if authorised in writing by the maintenance creditor so to do, the Clerk may transmit the payment to the competent authority.

Application to discharge direction

12. An application under section 50(3) of the Act by a maintenance debtor to have a direction under section 50(1) of the Act discharged shall be preceded by the issue and service upon the maintenance creditor of a summons in the Form 54.19 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 54.20 Schedule C with the necessary modifications.

Recovery of arrears by Clerk

13. (1) Where payments to the Clerk under a maintenance order, a variation order or an interim order pursuant to section 45, section 46, section 47, section 175 or section 173(6)(so far as it relates to an antecedent order made under section 175) of the Act are in arrears, and such Clerk receives a request in writing in the Form 54.21 Schedule C with the necessary modifications from the maintenance creditor to take such steps as he or she considers reasonable to recover such arrears, such Clerk may make application under section 53 or, as the case may be, section 176, of the Act (in accordance with the provisions of rule 14) for an attachment of earnings order or under section 8 of the Enforcement of Court Orders Act 1940 (in accordance with the provisions of Order 57).

(2) Where payments referred to in sub-rule (1) are in arrears and the Clerk has received no request to recover the arrears, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Attachment of earnings order

14. (1) An application for an attachment of earnings order under section 53 or, as the case may be, section 176 of the Act shall be preceded by the issue and service upon the maintenance debtor of a summons in the Form 56.1 Schedule C with the necessary modifications. Where the Court grants the application or, where the Court, having made an antecedent order, makes, in accordance with section 53(3) or, as the case may be, section 176(3) of the Act, an attachment of earnings order in the same proceedings in order to secure payments under the antecedent order, the order of the Court shall be in accordance with the Form 56.3 or 56.4 Schedule C, as the case may be, with the necessary modifications.

(2) An application to the Court to order a statement of earnings under section 56(1)(b) or, as the case may be, section 179(1)(b) of the Act may be made without notice on any occasion on which the proceedings are before the Court. A statement as to earnings given by the maintenance debtor for the purposes of section 56(1)(a) or, as the case may be, section 179(1)(a) of the Act in the form appended to Form 56.1 Schedule C with the necessary modifications shall be verified on affidavit or on oath at the hearing of the application. A statement as to earnings for the purposes of section 56(1)(b) or, as the case may be, section 179(1)(b) of the Act shall be in the form appended to Form 56.5 Schedule C with the necessary modifications.

(3) Where an attachment of earnings order is made under section 53 or, as the case may be, section 176 of the Act, the Clerk, parties and employer shall proceed as nearly as may be in accordance with the provisions of rules 4 to 14 inclusive of Order 56.

Rules to apply to orders for maintenance pending suit etc.

15. Where the Clerk receives a copy of an order for maintenance pending suit, of a periodical payments order or of a secured periodical payments order made under the Act from the Registrar of the Court which made that order, and payments under the order are directed to be made to the District Court Clerk (as provided for in section 50, or section 50 as applied by section 134 of the Act), such Clerk shall register particulars of the order and shall proceed in relation thereto as if it were a maintenance order made at a sitting of the District Court for the district court area to which that Clerk is assigned.

Orders to secure payments

16. Where the Court has made an order providing for periodical payments by way of support or maintenance by a maintenance debtor to a maintenance creditor, an application may be made to the Court on a date subsequent to the date on which such order is made pursuant to the provisions of section 52 of the Act or, as the case may be, section 175(1)(b) of the Act, by any person having an interest in the proceedings to secure the said payments to the maintenance creditor. Such application shall be preceded by the issue and service of a notice in the Form 54.22 Schedule C with the necessary modifications. The order of the Court granting such application shall be in the Form 54.23 Schedule C with the necessary modifications.

Lump sum orders

17. Where, under the powers conferred by section 51 of the Act or, as the case may be, section 175(1)(c) of the Act, an order is made in the District Court providing for the making of a lump sum payment or lump sum payments the order of the Court shall be in the Form 54.24 Schedule C with the necessary modifications.

Shared Home Protection

Application under section 34(1) of the Act

18. An application by a civil partner under section 34(1) of the Act for an order prohibiting the other civil partner from disposing of or removing household chattels shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.1 Schedule C, with the necessary modifications. The order of the Court granting the application shall be in the Form 60.2 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 34(3) of the Act

19. Where complaint is made by a civil partner to a Judge under section 34(3) of the Act that the other civil partner has contravened the provisions of section 34(2) of the Act, the summons which may be issued and served upon the other civil partner shall be in the Form 60.5 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Application under section 34(4) of the Act

20. An application by a civil partner under section 34(4) of the Act for an order that the respondent civil partner provide household chattels for the applicant civil partner or a sum of money in lieu thereof shall be preceded by the issue and service upon the respondent civil partner of a notice in the Form 60.6 Schedule C with the necessary modifications. The order of the Court granting the application shall be in the Form 60.7 Schedule C with the necessary modifications, a copy of which shall be served upon the respondent civil partner.

Summons under section 39 of the Act

21. Where complaint is made to a Judge under section 39 of the Act that a person knowingly gave information which was false or misleading in any material particular, the summons which may be issued and served upon that person shall be in the Form 60.8 Schedule C with the necessary modifications. The relevant provisions of Order 15 shall apply in such case.

Joinder of parties

22. The provisions of Order 42A (Third Party Procedure) shall, with necessary modifications, apply to the proceedings mentioned in section 34(5) of the Act.

Declaring a conveyance void

23. (1) An application to the Court under section 28(1) of the Act to have a conveyance declared void shall be in the Form 60.9, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.10, Schedule C with the necessary modifications.

Lis Pendens

(3) A person who instituted proceedings to have a conveyance declared void by reason of section 28(1) of the Act shall, as soon as may be, cause relevant particulars of the proceedings to be entered as a lis pendens under and in accordance with the Land and Conveyancing Law Reform Act 2009.

Order dispensing with consent or giving consent

24. (1) An application for an order under section 29(1), section 29(3) or section 29(4) of the Act to dispense with, or as the case may be, to give, the consent required under section 28 of the Act, of a civil partner to the conveyance of the shared home shall be in the Form 54A.3, Schedule C.

(2) Where it is alleged that the civil partner whose consent is required under section 28 of the Act is incapable of consenting, the original certificate in writing by a consultant psychiatrist, within the meaning of the Mental Health Act 2001, shall be annexed to the notice of application lodged with the Clerk. The Court may accept affidavit evidence of the certification, subject to the right of any party contesting the certification to cross-examine.

(3) The order of the Court on such an application shall be in the Form 54A.4, Schedule C.

(4) On granting an application under section 29 of the Act to dispense with or, as the case may be, to give, the consent required under section 28 of the Act, the Court may order pursuant to section 33 of the Trustee Act 1893 that a person be appointed to execute the conveyance of the interest in question and the order of the Court thereon shall be in the Form 60.13, Schedule C with the necessary modifications.

Protection of Shared Home

25. (1) An application to the Court for an order under section 30(1) of the Act for the protection of the shared home in the interest of the applicant civil partner or a dependant child of the civil partners shall be in the Form 60.16, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.17, Schedule C with the necessary modifications.

Conduct leading to loss of Shared Home

26. (1) An application to the Court for an order under section 30(2) of the Act to compensate the applicant civil partner or a dependant child of the civil partners for loss of interest in the shared home occasioned by the conduct of the other civil partner shall be in the Form 60.18, Schedule C with the necessary modifications.

(2) The order of the Court thereon shall be in the Form 60.19, Schedule C with the necessary modifications.

General

Service and lodgment of documents

27. (1) A notice or summons required by this Order to be served may be served in accordance with the provisions of Order 41 and every such notice shall be served at least 14 days or, in the case of proceedings certified as urgent under rule 2(2), at least two days before the date of the sitting of the Court to which it is returnable.

(2) Save where service has been effected by the Clerk, the original of every such notice or summons served shall, together with a statutory declaration as to service thereof, be lodged with the Clerk at least two days before the date of the said sitting.

Stay on certain orders the subject of appeal

28. (1) In accordance with section 133 of the Act, notwithstanding the provisions of Order 25, rule 9(4) and Order 101, and that an appellant has entered into a recognisance of appeal, an appeal from an order under section 45 or 47 of the Act shall, if the Court or the Circuit Court to which the appeal is brought so determines (but not otherwise), stay the operation of the order.

(2) An application to the District Court to stay the operation of an order such as is mentioned in sub-rule (1), may be made following the service and lodgment of a notice of appeal and lodgment of the recognisance for appeal and when made otherwise than upon the occasion of the making of those orders shall be preceded by the issue of a notice in the Form 54.28 with the necessary modifications which shall be served upon the respondent to the application two days before the hearing of the application. The order of the Court granting the stay shall be in the Form 54.29 with the necessary modifications.

Circuit Court Rules

Order 59A

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

: S. I. No. 385 of 2011

1.^[1] In this Order:

“the Act” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; “the Act of 2004” means the Civil Registration Act 2004;

“civil partnership law proceedings” has the same meaning as in section 139 of the Act;

“cohabitation proceedings” means proceedings under Part 15 of the Act, and reference to registration of a civil partnership includes, in the case of a civil partnership recognised by virtue of section 5 of the Act, registration of a legal relationship as referred to in that section.

“dependent child” and “dependent child of the civil partners” each has the same meaning as in section 2 of the Act, and

Venue

2. Any proceedings under this Order shall be brought in the county where any party to the proceedings ordinarily resides or carries on any profession, business or occupation.

Commencement of civil partnership or cohabitation proceedings

3. (1) All proceedings for the following reliefs in civil partnership law proceedings under this Order shall be instituted by the issuing out of the Office for the appropriate county of the appropriate Civil Partnership Civil Bill in accordance with Form 2S of the Schedule of Forms with such modifications as may be appropriate in the format and manner provided:

(a) an order under section 4(1) of the Act including where such relief is sought by virtue of an order made under section 5 of the Act;

(b) an order on an application by a civil partner to have a conveyance declared void, under section 28 of the Act, or for relief under section 34 of the Act;

(c) an order under section 29(1) of the Act to the Court to dispense with the consent of a civil partner required under section 28 of the Act or section 29(4) of the Act to give the consent required under section 28 of the Act on behalf of a civil partner;

(d) relief under section 30(1) of the Act or section 30(2) of the Act;

(e) relief under Part 5 of the Act;

(f) an order on an application by a civil partner or a child of a deceased person who was a civil partner before death under section 106 of the Act to determine a question arising between civil partners as to the title to or possession of property;

(g) a decree of nullity of civil partnership under section 107 of the Act;

(h) a decree of dissolution in respect of a civil partnership under section 110 of the Act;

(i) an order for provision out of the estate of a deceased civil partner under section 127 of the Act;

(j) an order directing the sale of property under section 128 of the Act; (k) subject to rule 23, an order setting aside a disposition under section 137 of the Act.

(2) Cohabitation proceedings for any one or more orders under sections 174, 175, 187 and 194 of the Act shall be instituted by the issuing out of the Office for the appropriate county of the appropriate Cohabitation Civil Bill in accordance with Form 2T of the Schedule of Forms with such modifications as may be appropriate.

(3) Upon issue, the Civil Partnership Civil Bill or Cohabitation Civil Bill shall be served in a manner provided for in this Order.

Form of Proceedings

4. ^[2](1) Every Civil Partnership Civil Bill and every Cohabitation Civil Bill shall be in numbered paragraphs setting out the relief sought and the grounds relied upon in support of the application.

(2) A Civil Partnership Civil Bill for a Decree of Dissolution shall, in all cases, include the following details—

(a) the date and place of registration of the civil partnership;

(b) the length of time the parties have lived apart, including the date upon which the parties commenced living apart, and the addresses of both of the parties during that time, where known;

(c) the ages of the civil partners, the duration of their civil partnership and the length of time during which the civil partners lived with each other after registration of their civil partnership;

(d) any physical or mental disability of either of the civil partners;

(e) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;

(f) whether any possibility of a reconciliation between the Applicant and Respondent exists and if so on what basis the same might take place;

(g) details of any previous civil partnership relief sought and/or obtained and details of any previous separation agreement entered into between the parties (and where appropriate, a certified copy of any relevant court order and/or agreement should be annexed to the Civil Bill);

(h) details of any previous matrimonial or family law relief sought and/or obtained and details of any previous separation agreement entered into by either party with any other person (and where appropriate a certified copy of any relevant court order and/or deed of separation/separation agreement should be annexed to the Civil Bill);

(i) details of the shared home(s) and/or other residences of the parties including, if relevant, details of any former shared home/residence to include details of the manner of occupation/ownership thereof;

(j) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(k) the basis of jurisdiction under section 140 of the Act;

(l) the occupation(s) of each party;

(m) the grounds relied upon for the relief sought;

(n) each section of the Act under which relief is sought;

(o) any other matter which will assist the Court for the purposes set out in section 129(2) of the Act.

(3) A Civil Partnership Civil Bill for nullity shall, in all cases, include such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the date and place of registration of the civil partnership;

(b) the domicile of the civil partners on the date of the civil partnership and on the date of the institution of proceedings and, where either civil partner has died prior to the institution of proceedings, the domicile of the said civil partner at the date of death;

(c) whether or not the civil partners or either of them has been ordinarily resident in the State throughout the period of one year prior to the date of institution of proceedings and, where either civil partner has died prior to the institution of proceedings, whether or not the said deceased civil partner was ordinarily resident in the State throughout the period of one year prior to his or her death;

(d) the address and description of each party;

(e) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;

(f) the grounds upon which the decree and any other relief is sought;

(g) the relief sought and the issues to be tried.

(4) A Civil Partnership Civil Bill for the determination of property issues between civil partners pursuant to section 106 of the Act shall, in all cases, include such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the description, nature and extent of the money or other property to which the application relates;

(b) the state of knowledge of the Applicant civil partner in relation to possession and control of the money or other property to which the application relates at all relevant times;

(c) the nature and extent of the interest being claimed by the Applicant in the property or monies and the basis upon which such a claim is made;

(d) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

(e) where reference is made in the Civil Bill to any immovable property, whether it is registered or unregistered land and a description of the land/premises so referred to;

(f) the manner in which it is claimed that the Respondent civil partner has failed, neglected or refused to make to the Applicant civil partner such appropriate payment or disposition in all of the circumstances and details of any payment or disposition made;

(g) any other relevant matters.

(5) A Civil Partnership Civil Bill for relief pursuant to section 127 of the Act shall, in all cases, include such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the date and place of the registration of the civil partnership and the date of any decree of dissolution and the civil partnership registration form and a certified copy of any decree of dissolution shall be annexed to the Civil Bill (with authenticated translations, where appropriate);

(b) details of previous civil partnership relief obtained by the Applicant and in particular lump sum maintenance orders and property adjustment orders, if any;

(c) details of any benefits previously received from or on behalf of the deceased civil partner whether by way of agreement or otherwise and details of any benefits accruing to the Applicant under the terms of the will of the deceased civil partner or otherwise;

(d) the date of death of the deceased civil partner, the date on which representation was first granted in respect of the estate of the said civil partner and, if applicable, the date upon which notice of the death of the deceased civil partner was given to the Applicant civil partner and the date upon which the Applicant civil partner notified the personal representative of his/her intention to apply for relief pursuant to section 127(8) of the Act; (e) the nature and extent of any claim for relief being made and the basis upon which any such claim for relief is being made;

(f) the civil partnership or marital status of the deceased civil partner at the date of death and the civil partnership or marital status of the Applicant at the date of the application and whether the Applicant has entered into a new civil partnership or a marriage since the dissolution of the civil partnership between the Applicant and the deceased civil partner;

(g) details of all dependants of the deceased civil partner at the date of death and of all dependants of the Applicant at the date of the application together with details of any other interested persons;

(h) that no order pursuant to section 127(11) of the Act has previously been made;

(i) details of the value of the estate of the deceased civil partner, where known;

(j) any other relevant facts.

(6) Applications pursuant to section 127(7) of the Act by the personal representative in relation to the distribution of the estate shall be by motion, grounded on affidavit, on notice to the Applicant civil partner and such other persons as the Court shall direct.

(7) A Civil Partnership Civil Bill for relief under section 4 of the Act, shall include such of the particulars mentioned in sub-rule (2) as are appropriate and:

(a) the nature of the Applicant’s reason for seeking the relief sought under section 4 of the Act;

(b) full details of the registration of the civil partnership and/or dissolution of the civil partnership in respect of which the declaration is sought including the date and place of such civil partnership was registered and/or dissolved (and, where appropriate, a certified copy of the civil partnership registration form and/or decree of dissolution should be exhibited to the affidavit);

(c) where a declaration is sought under section 4 by virtue of an order made under section 5 of the Act, a certified copy of the instrument of registration or of dissolution (with, where appropriate, an authenticated translation thereof, exhibited to the affidavit);

(d) particulars of any previous or pending proceeding(s) in relation to any civil partnership concerned or relating to the civil partnership or matrimonial status of a party to the civil partnership concerned;

(e) the rights of any person other than the civil partners concerned which may be affected by the relief sought, including a person with whom either civil partner is registered in a new civil partnership or to whom either civil partner is married, or any dependent child of the civil partners.

(8) A Civil Partnership Civil Bill for relief under Part 4 of the Act shall in all cases contain such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the address and description of the shared home;

(b) the date and place of registration of the civil partnership of the parties;

(d) the relief being sought and the facts intended to be relied upon;

(e) the rateable valuation of the premises;

(f) any other relevant circumstances.

(9) A Civil Partnership Civil Bill for relief under Part 5 of the Act shall, in all cases, contain such of the particulars mentioned in sub-rule (2) as are appropriate and the following details—

(a) the precise reliefs being sought and the persons in respect of whom they are being sought;

(b) the residential address and occupation of the Applicant and the Respondent (if known);

(d) full particulars of every dependent child of the civil partners, stating whether and if so what provision has been made for each and any such dependent child;

(e) the nature of the failure to maintain being asserted;

(f) any relevant change of circumstances (if applicable);

(g) any other relevant circumstances.

(10) A Cohabitation Civil Bill shall contain such of the following particulars mentioned in this sub-rule as are appropriate—

(a) particulars of the duration of the relationship between the parties and of the duration of their cohabitation;

(b) particulars of the basis on which the parties live together;

(d) particulars of the degree and nature of any financial arrangements between the parties including any joint purchase of an estate or interest in land or joint acquisition of personal property;

(e) whether there are one or more dependent children of either or both parties;

(f) whether one of the parties cares for and supports any child of the other;

(g) the degree to which the parties present themselves to others as a couple;

(h) any physical or mental disability of either of the parties;

(i) full particulars of any children of the Applicant or Respondent and of any child of a previous relationship of either party and stating whether and if so what provision has been made for each and any such child;

(j) details of any previous matrimonial, family law or civil partnership relief obtained by either of the parties (and where appropriate a certified copy of any relevant Court order and/or agreement should be exhibited to the affidavit);

(k) where each party is domiciled at the date of the application commencing the proceeding or where each party has been ordinarily resident for the year preceding the date of such application;

(l) details of the place(s) where the parties have lived together during their relationship;

(m) where reference is made in the Cohabitation Civil Bill to any immovable property whether it is registered or unregistered land and a description of the lands/premises so referred to;

(n) any other matter which will assist the Court for the purposes set out in section 173(3) of the Act.

(11) In the case of an application for provision out of the estate of a deceased cohabitant under section 194 of the Act, the Cohabitation Civil Bill shall include such of the particulars mentioned in sub-rule (10) as are appropriate and:

(a) details of any previous cohabitation reliefs obtained by the Applicant;

(b) details of any benefit received from or on behalf of the deceased cohabitant whether by way of agreement or otherwise and details of any benefits accruing to the Applicant under the terms of the will of the deceased cohabitant or otherwise;

(c) the date of death of the deceased cohabitant, the date upon which representation was first granted in respect of the estate of the said cohabitant and the date upon which the Applicant notified the personal representative of an intention to apply for relief pursuant to section 194(6) of the Act;

(d) the civil partnership or marital status of the deceased cohabitant at the date of death and the civil partnership or marital status of the Applicant at the date of the application;

(e) details of the dependants of the deceased cohabitant at the date of death, of the dependants of the Applicant at the date of the application, and of any other interested persons;

(f) details of whether any order has previously been made under section 173(7) of the Act;

(g) details of the value of the estate of the deceased cohabitant where known.

5. All Civil Partnership Civil Bills and Cohabitation Civil Bills shall be dated and shall bear the name, address and description of the Applicant and an address for service of proceedings, and shall be signed by the party’s Solicitor, if any, or, where the Applicant does not have a Solicitor, by that party personally. The address to which a Respondent should apply in order to receive information in relation to legal aid shall also be included in such Civil Bills.

Issuing and Entry

6. ^[3]On the issuing of a Civil Partnership Civil Bill or Cohabitation Civil Bill a copy thereof shall be filed, together with an Affidavit of Means, and, in all cases where there is a dependent child of the civil partners, an Affidavit of Welfare (in the form set out in Form 37B of the Schedule of Forms, with the necessary modifications) in the intended action sworn by the Applicant in compliance with rules 17 and 18 and the County Registrar shall thereupon enter same.

Service

7. ^[4](1) All Civil Partnership Civil Bills and all Cohabitation Civil Bills shall be served. In any case in which financial relief is sought, a copy of the Affidavit of Means in compliance with rules 17 and 18 in the form set out in Form 51 of the Schedule of Forms or such modification thereof as may be appropriate shall be served with the Civil Bill. In all cases where there is a dependent child of the civil partners, a copy of the Affidavit of Welfare shall be served with the Civil Bill. Where relief pursuant to section 121 of the Act or section 187 of the Act is sought, notice thereof in accordance with Form 51A of the Schedule of Forms shall also be served on the trustees of the pension scheme in question in accordance with Order 11, rule 17, and an Affidavit of such service sworn and filed within 14 days of service of the Civil Bill. All other pleadings in proceedings begun in accordance with this rule may be served in accordance with Order 11, rule 17 and shall be deemed to have been served on the second day after the day of posting.

(2) Where relief is sought pursuant to section 127 of the Act, the Civil Partnership Civil Bill shall be served in accordance with these Rules on the personal representative of the deceased, and on the civil partner or spouse (if any) of the deceased and on such other person or persons as the Court shall direct. Where relief is sought pursuant to section 194 of the Act, the Cohabitation Civil Bill shall be served in accordance with these Rules on the personal representative of the deceased, and on the civil partner or spouse (if any) of the deceased and on such other person or persons as the Court shall direct.

(3) Where, in any application pursuant to this Order, it is appropriate to direct an order to any third person who is not a party to the proceedings, the Court may if it thinks fit adjourn the matter and direct the Applicant or the Respondent to notify the third person against whom an order is sought of the fact that an order is sought against him and of the adjourned date, so that this said third person may appear and be heard in relation to the making of the said order. Alternatively, the Court may, when making an order directed to any third person, provide, in the said order, that the said third person should have liberty to apply to the Court on notice to the Applicant and the Respondent to set aside the order made insofar as it is directed against or relates to the said third person.

Appearance

8. If a Respondent intends to contest the application, or any part thereof, he/she shall enter an Appearance in the Office within 10 days of the service upon him/her of the Civil Partnership Civil Bill or, as the case may be, the Cohabitation Civil Bill, and shall serve a copy of the Appearance and appropriate certificate on the Applicant’s Solicitors or, where appropriate, on the Applicant. The Appearance shall bear an address for service of any interlocutory applications and shall be signed by the Respondent’s Solicitor or, if the Respondent does not have a Solicitor, by the Respondent personally.

Defence

9. ^[5](1) A Respondent shall at the same time as entering an Appearance, or within 10 clear days from the date of service of the Appearance, or such further time as may be agreed between the parties or allowed by the Court, file and serve a Defence, together with an Affidavit of Means (where required) and, in all cases where there is a dependent child of the civil partners, an Affidavit of Welfare (in the form set out in Form 37B of the Schedule of Forms, with the necessary modifications) in compliance with rules 17 and 18, on the Applicant, or the applicant’s Solicitor, if any, and on the County Registrar in the form set out in Form 51 or such modification thereof as may be appropriate. Where relief pursuant to section 121 or section 187 of the Act is sought by way of Counterclaim, notice thereof in accordance with Form 51A of the Schedule of Forms shall also be served on the trustees of the pension scheme in question and an Affidavit of such service sworn and filed within seven days of service of the Defence and Counterclaim.

(2) No Appearance or Defence shall be entered after the time specified in these Rules without the leave of the Court or of the County Registrar or the agreement of the parties, and no Defence shall be entered unless the Respondent has previously entered an Appearance as required by these Rules.

(3) Whether or not a Defence is filed and served in any proceedings, the Respondent shall, where appropriate, in any event be obliged to file and serve an Affidavit of Means and an Affidavit of Welfare within 20 days after the service of the Civil Partnership Civil Bill or, as the case may be, the Cohabitation Civil Bill, upon him/her.

(4) Without prejudice to the entitlement of the Court to permit representations in relation to the making or refusal of an attachment of earnings order at the hearing of the action, such representations for the purposes of section 117(7) or section 175(7) of the Act may be included in the Defence.

Motions for Judgment

10.^[6](1) In any case in which a Respondent has made default in entering an Appearance or filing a Defence, as the case may be, the Applicant may, subject to the provisions of this rule, at any time after such default, on notice to be served on the Respondent and, where relief pursuant to section 121 or section 187 of the Act is sought, on the trustees of the pension scheme concerned, not less than fourteen days before the hearing, apply to the Court for judgment in default of Appearance or Defence. Such application, save in the case of motions returnable in the Dublin Circuit, shall be returnable initially before the County Registrar in accordance with Order 59, rule 68(1) as applied to civil partnership law proceedings and cohabitation proceedings.

(2) No notice of motion for judgment in default of defence shall be served unless the Applicant has at least fourteen days prior to the service of such notice written to the Respondent giving him notice of his/her intention to serve a notice of motion for Judgment in default of defence and at the same time consenting to the late filing of a Defence within fourteen days from the date of the letter.

(3) If no Defence is delivered within the said period the Applicant shall be at liberty to serve a notice of motion for Judgment in default of Defence which shall be returnable to a date not less than 14 clear days from the date of the service of the notice, such notice of motion to be filed not later than six days before the return date.

(4) If in any case the Applicant can establish special reasons for making it necessary to serve a notice of motion for Judgment in default of Appearance/Defence in the cases provided for by this Rule with greater urgency than in accordance with the provisions hereinbefore contained, he may apply ex parte to the Court for an Order giving him liberty to serve a notice of motion for Judgment in default of Appearance/Defence giving not less than four clear days’ notice to the Respondent, or in the alternative the Judge may deem good the service of a notice of motion giving not less than four clear days’ notice to the Respondent.

(5) Upon the hearing of such application the Court may, on proof of such default as aforesaid, and upon hearing such evidence, oral or otherwise, as may be adduced, give judgment upon the Applicant’s claim endorsed upon the Civil Partnership Civil Bill or, as the case may be, the Cohabitation Civil Bill, or may give leave to the Respondent to defend the whole or part of the claim upon such terms as he or she may consider just.

(6) In any case in which the parties are agreed in respect of all of the reliefs being sought and a Defence in accordance with rule 9 has been filed and served by the Respondent which reflects this agreement, the Applicant or the Respondent may, subject to the provisions of the following sub-rules, at any time after such Defence has been filed and served, on notice to be served on the other party and, where relief pursuant to section 121 or section 187 of the Act is sought, on the trustees of the pension scheme concerned, not less than 14 clear days before the hearing, apply to the Court for judgment, the application to be by way of motion on notice.

(7) Upon the hearing of such application the Court may, upon hearing such evidence, oral or otherwise, as may be adduced—

(i) give judgment in the terms agreed between the parties, or

(ii) give such directions in relation to the service of a Notice of Trial/Notice to fix a date for Trial as to the Court appears just.

(8) Upon the hearing of an application for judgment under this Rule the Court may make such order as to costs as the Court considers just.

Notice of Trial / Notice to fix a date for Trial

11.^[7]Subject to rule 10(7) and (8) and to Order 59, rule 73(1)(g) as applied to civil partnership law proceedings and cohabitation proceedings, when a Defence has been duly entered and served, the Applicant may serve a notice of trial or a notice to fix a date for trial, as appropriate, in accordance with Forms 15A and 15B. Notice of Trial (Circuits other than Dublin Circuit)

12. This Rule shall not apply to the Dublin Circuit. Not less than ten days’ notice of trial shall be served upon the Respondent and all other necessary parties. Where relief is sought under section 121 or section 187 of the Act, notice of trial shall also be served upon the trustees of the pension scheme in question. The notice of trial shall be filed at the Office not later than seven days after it is served. Service and filing of the notice of trial shall operate to set down the action or matter (including counterclaim if any) for hearing at the next ensuing Sittings. The service of notice to fix a date for a trial, as duly completed in the Office, on all necessary parties shall operate to set down the action (including a counterclaim if any) for hearing, to be listed before the County Registrar for allocation of a date for the hearing.

Notice to fix a date for Trial (Dublin Circuit)

13. This rule shall apply only to the Dublin Circuit. A party desiring to give notice to fix a date for trial in accordance with rule 11 or rule 14 shall lodge with the Office a notice to fix a date for trial in the Form 15B of the Schedule of Forms. On receipt of such notice, duly completed, from the Office, that party shall serve a copy of the completed notice setting out the date upon which a date for hearing will be fixed by the County Registrar on all of the other parties and, where relief is sought under section 121 or section 187 of the Act, on the trustees of the pension scheme in question. At least ten days’ notice to fix a date for trial shall be given. The service of notice to fix a date for a trial, as duly completed in the Office, on all necessary parties shall operate to set down the action (including a counterclaim if any) for hearing upon such date as may be fixed by the County Registrar.

Service by Respondent

14. Where the Applicant has failed to serve a notice of trial or notice to fix a date for trial, as appropriate, within ten days after the service and entry of the Defence, the Respondent may do so and may file the same in accordance with these Rules.

Joinder

15. The Court, if it considers it desirable, may order that two or more actions be tried together, and on such terms as to costs as the Court shall deem just.

Affidavits of Representation

16. (1) Save where the Court shall otherwise direct, any notice party, including the trustees of a pension scheme, who wishes to make representations to the Court pursuant to section 122 or, as the case may be, section 188, of the Act shall make such representations by Affidavit of Representation to be filed and served on all parties to the proceedings within 28 days of service upon them of notice of the application for relief under section 121 or, as the case may be, section 187, of the Act in accordance with rules 7 and 9 or within such time or in such manner as the Court may direct.

(2) Without prejudice to the entitlement of the Court to permit representations by persons having a beneficial interest in property (not being the other civil partner) pursuant to section 128(5) of the Act or by interested persons pursuant to section 127(6) or section 194(6) of the Act at the hearing of the action, such representations may be made by way of Affidavit of Representation to be filed and served on all parties to the proceedings as directed by the Court.

Affidavit of Means

17. (1) Without prejudice to:

(a) the right of each party to request and/or make application to direct the delivery of further particulars or information;

(b) the right of each party to make application to the Court for an Order of Discovery; and

(c) the jurisdiction of the Court pursuant to section 142 and section 197 of the Act, in any case where financial relief under the Act is sought, the parties shall file Affidavits of Means in accordance with rules 6 and 9 in respect of which the following sub-rules shall apply.

(2) In all cases where a Defence and/or Counterclaim has been filed (save for a Defence pursuant to rule 10(6)) each party shall, unless the other party dispenses in writing with the requirement of vouching, vouch his Affidavit of Means, in the manner specified in Form 51C, within 28 days of the date of filing of the Respondent’s Affidavit of Means or 21 days before the date fixed for a case progression hearing, whichever is earlier.

(3) In all cases where a Defence has not been filed and a case progression hearing has been listed, each party shall vouch his Affidavit of Means within such time as the County Registrar shall direct.

(4) In the event of a party failing to file, serve, or properly vouch the items referred to in, their Affidavits of Means as required by these Rules—

(i) the Court, on application by notice of motion, and, in accordance with section 34(1) and the Second Schedule of the Courts and Court Officers Act 1995, the County Registrar, on application by notice of motion or in the course of case progression, may make an Order enlarging the time within which the party in default must file or serve an Affidavit of Means and/or vouch (in such manner or on such terms as the Court or the County Registrar, as the case may be, directs) the items referred to in any Affidavit of Means or may make an Order for Discovery, or

(ii) the Court may make such other order as the Court deems appropriate and necessary (including an order that such party shall not be entitled to pursue or defend as appropriate a claim for any ancillary reliefs under the Act save as permitted by the Court upon such terms as the Court may determine are appropriate and/or adjourning the proceedings for a specified period of time to enable compliance) and furthermore or in the alternative an [385] 17 order pursuant to section 142(2) of the Act or, as the case may be, section 197(2) of the Act, may be sought in accordance with rule 23.

18. The Affidavit of Means shall set out in schedule form details of the party’s income, assets, property, financial resources, debts, liabilities, financial obligations and financial responsibilities wherever situated and from whatever source and, to the best of the deponent’s knowledge, information and belief the income, assets, property, financial resources, debts, liabilities, financial obligations and financial responsibilities wherever situated and from whatever source of any dependent child of the party and shall be in accordance with the form set out in Form 51 or such modification thereof as may be appropriate.

19. Where relief pursuant to section 121 or section 187 of the Act is sought, the Affidavit of Means shall also state to the best of the deponent’s knowledge, information and belief, the nature of the scheme, the benefits payable thereunder, the normal pensionable age and the period of reckonable service of the member civil partner and where information relating to the pension scheme has been obtained from the trustees of the scheme under the Pensions Acts 1990 to 2009, such information should be exhibited in the Affidavit of Means and where such information has not been obtained a specific averment shall be included in the Affidavit of Means as to why such information has not been obtained.

Counterclaims

20. (1) Save where otherwise directed by the Court, a Counterclaim, if any, brought by a Respondent shall be included in and served with the Defence, in accordance with the provisions of these Rules relating thereto, and shall, in particular, set out in numbered paragraphs the matters set out in the following sub-rules, where relevant.

(2) In the case of an application for a decree of dissolution, the Counterclaim shall set out in like manner as in the Civil Partnership Civil Bill the facts specified at rule 4(2) in like manner as in the Civil Partnership Civil Bill, and the following:

(a) the ground(s) for a decree of dissolution, if sought;

(b) any ground upon which the Respondent intends to rely in support of any ancillary relief claimed; and

(3) In the case of an application for a decree of nullity, the Counterclaim shall set out in like manner as in the Civil Partnership Civil Bill such of the facts specified at rule 4(3) as are appropriate and the following:

(a) the ground(s) for a decree of nullity;

(b) any additional ground upon which the Respondent intends to rely in support of any relief claimed; and

(4) In the case of an application for the determination of property issues between civil partners, pursuant to section 106 of the Act, the Counterclaim shall set out in like manner as in the Civil Partnership Civil Bill such of the facts specified at rule 4(4) as are appropriate and the following: